It’s a very common coverage question: does the insurance company really need to pay to replaced undamaged materials just because the replacement for the damaged materials doesn’t quite match? Alissha, Mike and Tim bring this highly visual subject to an audio-only medium with concrete tips on bringing objectivity and expertise to a subjective issue.
Notable Timestamps
[ 00:19 ] – Just one of the insured’s kitchen cabinet doors was damaged in a covered loss. The damaged cabinet was discontinued by the manufacturer, so the adjuster suggested an alternative. The insured would like all of the cabinets in the kitchen, and the nearby dining room, to be replaced so that they all match.
[ 02:05 ] – Would it drive you crazy to have one cabinet that didn’t match?
[ 03:45 ] – There is a great deal of variation in the court system when it comes to matching issues, but usually the insurer must provide a “reasonable match.” Ultimately, it’s a highly subjective issue.
[ 07:04 ] – One objective factor is the effect on the market value of the real estate.
[ 07:36 ] – Even though the undamaged cabinets did not sustain a direct physical loss, they may need to be replaced to address the covered loss.
[ 09:25 ] – Big box stores, specialty cabinet makers, restoration contractors, and industry experts can help guide adjusters to the matching cabinets.
[ 10:55 ] – Cabinets out of the line of sight likely would not require replacements, but these issues require a subjective approach on each claim.
[ 13:33 ] – Newly replaced siding may not match pre-existing siding to the extent that the new siding hasn’t been weathered. This typically would not result in the replacement of all pre-existing siding.
[ 16:34 ] – Tim provides a recap of the scenario and the points above.
Your PLRB Resources
State-By-State annotations on matching – https://search.plrb.org/?dn=45375
Adjuster Resource Sheet quick reference guide on matching – https://search.plrb.org/?dn=87258&src…
Coverage Question on “Pair Or Set Clause, Matching Case Law May Apply To Kitchen Cabinets” – https://search.plrb.org/?dn=72009&src…
Employees of member companies also have access to a searchable legal database, hundreds of hours of video trainings, building code materials, weather data, and even the ability to have your coverage questions answered by our team of attorneys (https://www.plrb.org/container.cfm?co…) at no additional charge to you or your company.
Subscribe to this Podcast
Your Podcast App – Please subscribe and rate us on your favorite podcast app
YouTube – Please like and subscribe at @plrb
LinkedIN – Please follow at “Property and Liability Resource Bureau”
Send us your Scenario!
Please reach out to us with your scenario! This could be your “adjuster story” sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to scenario@plrb.org.
Legal Information
The views and opinions expressed in this resource are those of the individual speaker and not necessarily those of the Property & Liability Resource Bureau (PLRB), its membership, or any organization with which the presenter is employed or affiliated. The information, ideas, and opinions are presented as information only and not as legal advice or offers of representation. Individual policy language and state laws vary, and listeners should rely on guidance from their companies and counsel as appropriate.
Music: “Piece of Future” by Keyframe_Audio. Pixabay. Pixabay License. Font: Metropolis by Chris Simpson. SIL OFL 1.1. Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription). Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0). https://pixabay.com/sound-effects/med… https://pixabay.com/sound-effects/woo…