Pieczonka v. Progressive Select Ins. Co.

3 Citing cases

  1. Wilkerson v. Am. Family Ins. Co.

    997 F.3d 666 (6th Cir. 2021)   Cited 22 times
    Applying Ohio law and explaining that a breach of contract suit is subject to Rule 12(b) dismissal if an insurance policy "unambiguously excludes the taxes and fees typically incurred to buy replacement property"

    As we ourselves have reasoned, "negotiating parties may consider taxes and fees when agreeing on a price, but that is because they are factors that influence market value, not because they ‘should be added to the price when calculating market value.’ " Pieczonka v. Progressive Select Ins. Co. , 840 F. App'x 856, 858 (6th Cir. 2021) (quoting Singleton , 953 F.3d at 338 ). On the other hand, the phrase "actual cash value" in this insurance setting also can mean "[r]eplacement cost minus normal depreciation" for the damaged car.

  2. Davis v. Progressive Advanced Ins. Co.

    CIVIL ACTION No. 19-5726 (E.D. Pa. Feb. 12, 2021)   Cited 1 times

    Corp, 788 Fed. App'x. 104, 107 (3d Cir. 2019) (quoting Madison Constr. Co. v. Harleysville Mut. Ins. Co., 735 A.2d 100, 106 (Pa. 1999)). Davis and Gress seek a "strained contrivance" by suggesting that "determined by" does not define the ACV in the Policy. See also Pieczonka v. Progressive Select Insurance Co., 2021 WL 192735, at *1 (6th Cir. 2021) ("under a plain reading of policy language [...] 'actual cash value' is determined by three factors at the time of the loss: market value, age, and condition"). As the court held in Pieczonka, the Policy unambiguously defines the ACV in stating how it is determined.

  3. Siler v. CSAA Gen. Ins. Co.

    CIVIL ACTION NO. 3:20-96 (M.D. Pa. Feb. 11, 2021)

    (Doc. 46; Doc. 51). These included Barlow v. Gov't Emps. Ins. Co., No. 19-cv-3349, 2020 WL 5802274 (E.D.N.Y. Sept. 29, 2020), in which the court held that ACV does not include license and title fees under New York law, (Doc. 41-1); Wilkerson v. Am. Family Ins. Co., No. 19-cv-2425, 2020 WL 5891971 (N.D.Ohio Oct. 5, 2020), in which the court held that ACV did not include sales tax, transfer fees, and registration fees under Ohio law, (Doc. 45-1); and Pieczonka v. Progressive Select Ins. Co., ___ Fed. App'x ___, 2021 WL 192735 (6th Cir. 2021), in which the Sixth Circuit held that, under Florida law, ACV, which the policy stated was "determined by the market value, age, and condition of the vehicle at the time the loss occurs," did not include title, registration, or license plate fees because those fees are not paid to the seller. (Doc. 49-1).