8th Circuit Affirms Verdict That Limited Damages to Water Intrusion

ST. LOUIS - A federal appeals court has affirmed a jury verdict that found for an apartment manager suing over water intrusion and mold but limited its monetary award to the $93,283 already paid by the insurer for water damage. Cincinnati Insurance Co. v. Bluewood Inc., No. 08-1148 (8th Cir.).

The 8th Circuit Court applied Missouri law in reaching its March 24 published opinion, ruling that the trial court properly instructed jurors that the appropriate measure of damages was the replacement cost, less depreciation, age, condition and obsolescence, rather than a before-and-after comparison of fair market value.

Cincinnati Insurance Co. …