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15-3104 - Herll et al v. Auto Owners Insurance Company


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15-3104 - Herll et al v. Auto Owners Insurance Company
January 8, 2016
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AMENDED REPORT AND RECOMMENDATION recommends that 5 MOTION for Summary Judgment filed by Patricia Herll, Mark Herll be granted in part and denied in part; and 24 MOTION for Summary Judgment filed by Auto-Owners Insurance Company, be granted in part and denied in part. Objections to R&R due by 1/21/2016. Signed by Magistrate Judge Franklin L. Noel on 1/6/16. (LPH)
March 14, 2016
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MEMORANDUM OF LAW AND ORDER. Adopting Amended Report and Recommendation 34. IT IS HEREBY ORDERED that: 1. Plaintiff's Motion for Summary Judgment 5 is GRANTED in part and DENIED in part as follows: a. The Court confirms the Appraisal Award dated September 16, 2014 which lists losses to the dwelling including front and right window damage, and that Plaintiffs are entitled to the actual cash value in the amounts of $81,345.60 (which has already been paid) and $42,000, with $18,000 of recoverable depreciation due upon completion of those repairs; b. Plaintiffs are entitled to prejudgment and post judgment interest as to the loss amounts attributed to the damage to the front and right windows that Defendant has not yet paid; c. Plaintiffs are entitled to costs and disbursement for bringing this action, and shall submit a Bill of Costs to the Clerk of Court; andd. Plaintiffs are not entitled to costs and disbursements associated with the appraisal panel. 2. Defendants Motion for Summary Judgment 24 is GRANTED in part and DENIED in part consistent with this Memorandum and Order. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Judge Michael J. Davis on 3/14/16. (GRR)
March 15, 2016
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GRR)AMENDED ORDER ADOPTING IN PART AND DENYING IN PART THE AMENDED REPORT AND RECOMMENDATION 35. IT IS HEREBY ORDERED that: 1. Plaintiff's Motion for Summary Judgment 5 is GRANTED in part and DENIED in part as follows: a. The Court confirms the Appraisal Award dated September 16, 2014 which lists losses to the dwelling including front and right window damage, and that Plaintiffs are entitled to the actual cash value in the amounts of $81,345.60 (which has already been paid) and $42,000, with $18,000 of recoverable depreciation due upon completion of those repairs; b. Plaintiffs are entitled to prejudgment and post judgment interest as to the loss amounts attributed to the damage to the front and right windows that Defendant has not yet paid; c. Plaintiffs are entitled to costs and disbursement for bringing this action, and shall submit a Bill of Costs to the Clerk of Court; and d. Plaintiffs are not entitled to costs and disbursements associated with the appraisal panel. 2. Defendants Motion for Summary Judgment 24 is GRANTED in part and DENIED in part consistent with this Memorandum and Order. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Judge Michael J. Davis on 3/14/16. (