September 2022

Wayne Taylor, Anne Landrum, and Michelle Sherman obtained summary judgment in favor of Landmark American Insurance Company in the United States District Court for the District of Kansas. The insured automobile dealership filed suit for breach of contract and bad faith for failing to pay for hail and wind damages to its vehicles following a storm under an open lot insurance policy. The policy obligated Landmark to pay “only the actual cost to the insured” of repairs actually performed. All of the vehicles were repaired after the storm. The insured refused to provide documentation establishing the actual cost of the repairs, and sought instead to recover the amount of an estimate of the repair costs. The court found the insured was limited to recovering the actual cost of the repairs incurred, and because the insured could not establish that amount, entered summary judgment in favor of Landmark.