United States Tenth Circuit

After real estate damage from a hail storm, cost of removing damaged shingles was not subject to depreciation under the actual cash value provision of a dwelling policy, but labor cost incurred to install new shingles was depreciable. Insurer's position in coverage dispute was reasonable and could not constitute bad faith.

Appellate Information

• Decided 11/20/2002
• Published 11/20/2002

Judges

• McKAY, Circuit Judge., Before EBEL, McKAY, and CUDAHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Eric S. Eissenstat (Burck Bailey and Dino E. Viera with him on the briefs) of Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, OK, for Defendants-Appellants., John T. Edwards and Shannon L. Edwards of Monnet, Hayes, Bullis, Thompson & Edwards, Oklahoma City, OK, for Plaintiffs-Appellees.