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The post below was published on Friday, September 17th, 2010 at 8:52 AM.

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Eleventh Circuit: Insurance Damages

Contract fans, and especially insurance fans, might be interested in this unpublished decision from the Eleventh Circuit. The court held that a condominium association seeking replacement cost value for major hurricane damages had no right to recover from its insurer because, under the policy’s terms, the insured was required to pay for the repairs and seek reimbursement, and it had not done so.

The district court had applied the prevention of performance doctrine, but the circuit court held that doctrine inapplicable and that the cost or inconvenience of completing repairs could not relieve the association of the policy’s requirements. The court explained that the prevention of performance doctrine generally applies when one party is ready, willing, and able to perform and the other party prevents performance by imposing obstacles not contemplated within the contract.

That decision erased an $18.7 million award for replacement value damages.

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