How ACV is determined, whether labor cost can be depreciated, and the rules on releasing withheld recoverable depreciation.
Actual Cash Value rule
Fair-market-value differential (not a named broad evidence rule, not a fixed depreciation formula)
Missouri courts measure ACV/damages as the difference between the property's fair market value immediately before and after the loss, with depreciation as one relevant factor. Field/adjusting practice often still uses replacement-cost-minus-depreciation even though courts may require fair-market-value proof at trial.
Citation: Wells v. Missouri Property Ins. Placement Facility, 653 S.W.2d 207 (Mo. banc 1983)
Source: https://law.justia.com/cases/missouri/supreme-court/1983/63984-0.html
Link added in a follow-up verification pass, confirmed to show the full opinion text (Missouri Supreme Court, En Banc).
ACV statute or regulation
Missouri does not have a statute restricting labor depreciation; the rule comes from case law applying the state's fire-policy valuation statute.
Mo. Rev. Stat. section 379.150 requires that on a partial loss under a fire policy, the insurer pay so that the damaged property is restored to as good a condition as before the loss, at the option of the insured, but it does not itself define depreciation or address labor cost. Missouri courts have split on whether labor may be depreciated: the Eighth Circuit, applying Missouri law in In re State Farm Fire and Casualty Co., 872 F.3d 567 (8th Cir. 2017), held that embedded labor cost depreciation is one factor a fact-finder may consider in determining ACV, while a Missouri Court of Appeals panel in 2022 held that absent specific policy language allowing it, labor costs may not be depreciated, and the earlier McMillin v. American Family Insurance Co. (Mo. Ct. App. 1997) held that a partial-loss policy without express depreciation language could not have depreciation, including overhead and profit, withheld from payment. There is no statute resolving this split; it remains governed by case law that is itself divided.
Citation: Mo. Rev. Stat. section 379.150; In re State Farm Fire and Casualty Co., 872 F.3d 567 (8th Cir. 2017)
Source: https://www.revisor.mo.gov/main/PageSelect.aspx?section=379.150&bid=21137
This is common-law and federal-court interpretation of a general valuation statute, not a standalone statute defining ACV depreciation or specifically restricting labor depreciation, and Missouri authority on labor depreciation is internally split between the Eighth Circuit and at least one state appellate panel.
Recoverable depreciation holdback
No Missouri statute sets a holdback release deadline. On the related labor-depreciation question, Missouri bars depreciating labor absent specific policy language allowing it.
No Missouri statute or regulation specifically governing the timing or process for paying withheld recoverable depreciation was found. On the related scope question, a Missouri appellate court held that absent specific policy language allowing for it, labor costs may not be depreciated in determining ACV.
Citation: Franklin v. Lexington Ins. Co., 2022 Mo. App. LEXIS 412 (Mo. Ct. App. June 28, 2022).
Source: https://www.hkr.law/survey-of-state-law-regarding-depreciation-of-labor-costs-in-determination-of-actual-cash-value/
RESEARCHED from scratch. No holdback-timing statute found; the labor-depreciation holding is from a comprehensive, dated (Aug. 2025) 50-state survey, not independently re-verified against the primary opinion in this pass.