Twenhafel v. State Auto Prop. & Cas. Ins. Co., No. 08-4275
In plaintiff's suit against his insurance company for breach of a policy, district court's judgment in favor of plaintiff is affirmed in most part where: 1) district court's ruling on the issue of liability is affirmed as it properly found that plaintiff's wood inventory was not "in the open" when it was damaged because it was securely covered by a tarp and not left exposed to the elements; 2) district court did not err in awarding damages as defendant failed to produce evidence that contradicted plaintiff's affidavit regarding the value of the wood inventory; and 3) district court abused its discretion in awarding plaintiff prejudgment interest at the rate of 6.98% as nothing in the record support a rate of interest in excess of the statutory rate of 5%, and thus such award is vacated.
Read Twenhafel v. State Auto Prop. & Cas. Ins. Co., No. 08-4275
Appeal from the United States District Court for the Southern District of Illinois
Argued May 14, 2009
Decided September 14, 2009
Before Rovner and Evans, Circuit Judges, and Van Bokkelen, District Judge
Opinion by Van Bokkelen, District Judge
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