Klass v. Liberty Mutual Ins. Co.

Summary

The court held that the dispute over how much of the plaintiff’s roof had to be replaced to achieve a reasonably uniform appearance was an amount-of-loss issue for appraisal, not a coverage question for the court to decide first. Because the insurer conceded that wind damage to the roof was covered, the scope of its replacement obligation under the matching statute presented a factual issue within the policy’s appraisal clause. The court also upheld the trial court’s decision to reconsider its initial ruling because the court had overlooked controlling legal authority.