Ward v. Merrimack Mut. Fire Ins. Co., 312 N.J.Super. 162, 711 A.2d 394 (App. Div. 1998) (Ward II)

Practice Areas: Property Litigation

Insured brought action against property insurer and agent for declaratory judgment that the property was insured. The Superior Court, Law Division, Monmouth County, entered judgment on jury verdict against the insurer on liability and denied the insured’s claim for replacement cost. Insured appealed. The Superior Court, Appellate Division, Havey, P.J.A.D., held that: (1) evidence created jury questions on whether the insured was required to rebuild in order to recover replacement cost, and (2) the appraisal process did not violate due process.

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