Court of Appeals of Missouri, Eastern District, Third Division
DEBORAH J. ALESSI, Appellant,
MID-CENTURY INSURANCE COMPANY, INC., Respondent
Appeal from the Circuit Court of St. Charles County. 1311-CC00420. Honorable Stanley D. Williams.
Deborah Alessi, St. Charles, MO, for appellant.
Justin Chapell, St. Louis, MO, for respondent.
Gary M. Gaertner, Jr., Judge. Kurt S. Odenwald, P.J., concurs. Robert G. Dowd, Jr., J., concurs.
Gary M. Gaertner, Jr., Judge
Deborah J. Alessi (" Alessi" ) appeals the trial court's grant of summary judgment in favor of Mid-Century Insurance Company, Inc. (" Mid-Century" ). On appeal Alessi contends the trial court erred in finding that the contractual provisions of the policy were unambiguous. We reverse and remand for a trial in accordance with this opinion.
In April 2012, hail damaged the vinyl siding on the northern elevation of Alessi's residence in St. Charles, Missouri (the property). At the time of the damage, Alessi had an insurance policy (the policy) with Mid-Century for coverage of the property. Mid-Century paid Alessi $2,072.53, which was the actual cash value to replace the siding on the entire northern elevation of the property. However, because the original siding on the property was no longer manufactured, Alessi was unable to replace the siding on the northern elevat ion with the same siding as on the other three elevations of the property. Alessi made a demand that Mid-Century replace the siding on all four elevations of the property, but Mid-Century refused. Alessi filed a claim for breach of contract and vexatious refusal to pay, arguing that hail damage to her property was the type of loss her policy was intended to cover, but that Mid-Century had refused to pay the total amount of losses in violation of the policy.
The policy provided in relevant part:
We insure for accidental direct physical loss to property described in Coverage A [Dwelling] and B [Separate Structures].
Covered loss to Buildings under Coverage A and B will be settled at replacement cost without deduction for depreciation, subject to the following methods:
(1) Settlement under replacement cost will not be more than the smallest of the following:
(a) the replacement cost of that part of the building damaged for equivalent construction and ...