The California State Supreme Court recently ruled homeowners whose homes have been badly damaged but not destroyed are entitled to the cost of repair even if the repair exceeds the fair market value of the home. The court denied an appeal from a lower court and the ruling is now the law of the land.

The case resulted after a home was badly damaged by a kitchen fire in 2011 and the insurer only paid homeowner Marlene Garnes the fair market value of $75,000. Garnes sued and won the right to coverage for $320,549 which was the actual repair cost minus depreciation.  A 2004 state law allows homeowners to recover repair costs even when their insurance policy is drafted in a more restrictive manner.  The court ruled that coverage is limited to fair market value only if the home is destroyed or damaged beyond repair.

We all know that the home we live in often has value beyond the cash value such as comfort, familiarity and memories. The law gives insured homeowners the option of remaining in the home and neighborhood they chose.  This ruling is especially timely given the events in the Houston area. The term “Home Is Where The Heart Is” cannot be over emphasized.

We represent people who are injured because of the careless and reckless acts of others. At the end of the day your case can only be settled one time and you need to know all of the facts beforehand. The reason that insurance companies have paid our clients in excess of $130,000,000.00 is that we get the facts and are not intimidated at the prospect of going to trial when they refuse to follow the law. We help with serious issues that require serious representation. We are the Law Offices of Guenard & Bozarth. We have over 80 years of experience in our plaintiff’s only law firm. Call GB Legal 24/7/365 at 888-809-1075 or visit www.gblegal.com We Can Help!