Insurance Laws- Home burned w/ contents Replacement do i have to replace the exactly same items to collect for insurance

On the items that i want to replace may not be the same item, ex. 1 dress suit cost $150.00<> can i replace with 4 shirts that total same price as the dress suit? or must i fiind a dress suit for the $150.00 to get paid back from the insurance company or because i had my contents insured for a certain amount of money can i not just replace with what i want. toys have changed as well as fashion from what i had? Can i not replace with what i have already replaced with new items but insurance company seems to want item for item to be replaced to reimburse me. Is this legal?
Answer this question Add to list

Answers (1)

Nigel Stephen Malden

Nigel Stephen Malden

Contributor Level 4
Your local state laws and regulations are important to answer your questions but so are the terms and conditions of your insurance policy. A typical replacement policy says that insurance company will pay you fair market value of item UNLESS you replace it with new item within time frame specified in policy (could be as little as 30 days after receipt of check for fair market value). If you show proof of purchase within the time limit you are paid the difference between fair market value and actual purchase price.

The requirement of item for item has some logic but a good insurance carrier may work with you a bit if you can fit fairness into the discussion. It is VERY IMPORTANT that you be accurate with property inventory. It sure helps if you can prove original purchase. If you are reduced to estimating items, make that clear in writing. Your policy may well have an "antifraud clause" that permits carrier to VOID policy if it discovers a single, intentional misrepresentation of material fact. Here in WA, a homeowner sued his carrier for bad faith denial of fire claim. The insurance carrier convinced the jury the guy lied about one porclean statue in a pile of rubble. That was enough to void the policy.
0 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.

Top Lawsuits & Disputes Contributors

1.
Alan James Brinkmeier
Contributor Level 10
56 answers, 1 legal guides
2.
Peter Robert Stone
Contributor Level 7
31 answers, 0 legal guides
3.
Andrew Daniel Myers
Contributor Level 7
15 answers, 0 legal guides
View all Lawsuits & Disputes Lawyers on the Contribution Leaderboard