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policy conditions by petitioners and tendering the full amount
owed ($12,457.62) under the dwelling portion of the policy into
the registry of the court. The civil litigation came before
Magistrate Judge Jerry Davis, U.S. District Court for the
Northern District of Mississippi, who appointed an expert to
evaluate the damage to petitioners' personal property. The
expert found that out of 230 disputed items of personal property,
119 items had no apparent water damage and 62 items had possible
or probable water damage. The expert found it was impossible to
determine whether the remaining 49 items had suffered water
damage.
In 1991, the litigation between petitioners and FGIU was
settled, with petitioners receiving a gross recovery of
$44,577.92. After reduction for attorney's fees and expenses,
petitioners' net recovery was $32,040.37, which amount included
the $12,457.62 initially deposited into the registry of the court
by USF&G to cover the full amount owed under the dwelling portion
of the policy, and $19,582.75 representing the net amount
received by petitioners for the settlement of the dispute over
the claimed personal property damage.
Meanwhile, the addition to petitioners' home was completed.
Before the heavy rain and wind in 1988 which caused petitioners'
claimed casualty loss, their home was approximately 3,700 square
feet. After the addition to their home was completed, it was
approximately 9,000 square feet.
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