A court of the Western District of Texas applied recent Fifth Circuit analysis under Mississippi caselaw to the issue of whether an insurer may depreciate labor under the terms of a homeowner's policy, holding that an ambiguity in the policy's definition of actual cash value must be construed against the insurer such that the insurer's motion to dismiss must be denied where the insured pleaded that the insurer breached the policy when it did not include the full value of labor in the initial actual cash value payment.
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