DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
172665P.pdf 08/02/2018 Charles P. Nelson v. American Family Mutual Ins.
U.S. Court of Appeals Case No: 17-2665
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Erickson, Author, with Gruender and Grasz, Circuit Judges]
Civil case - Insurance. In action to recover what plaintiffs claim were
premium overpayments based on inflated replacement cost value of their
home, the policy language at issue expressly placed the burden on the
policyholder to ensure that the appropriate amount of coverage was
purchased, and the insurer did not have a duty to provide accurate
replacement cost estimates to be used in determining policy premiums;
because the policy expressly stated that the insurer does not guarantee
that its replacement cost estimate will be the actual replacement cost in
the event of a covered loss and that it is up to policyholder to select
the proper amount of coverage, the insured could not reasonably rely on
the estimates as the basis for a negligent misrepresentation claim; with
respect to plaintiffs' claim under the Minnesota Consumer Fraud Act,
plaintiffs could point to no promise, misrepresentation, or false
statement by the insurer they relied on to purchase or renew the policy
and the claim failed.