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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.