RESULTS OPINION DETAIL
 
July 17, 2007
First National Realty of Eagan v. Minnesota FAIR Plan  
Minnesota Court of Appeals
Where the insured obtained $100,000 coverage through the Minnesota FAIR Plan for a dwelling that was vacant and fire-damaged; the insured improved the property but did not increase policy limits; a fire occurred at the building in Feb. 2005, causing extensive damage to the three-season porch and smoke and water damage to the rest of the structure; the FAIR Plan paid out the policy limits for the February loss; and the property was again damaged by fire in April 2005, before damage from the February fire had been repaired. The Court of Appeals concluded that the policy limits the insurer's liability to the value of the building before the second loss, but since the record lacks evidence regarding the value of the building before the second fire, or the cost to repair or replace that building, summary judgment is not appropriate.