SDV Insights

Making an Insured Whole Entails More Than a Patch Job

New England is well known for its erratic weather patterns. At its worst, such weather can lead to substantial property damage. When a loss occurs, you expect your insurance to cover the costs of bringing your property back to its pre-loss condition. However, insurance providers tend to disagree.

In a recent article for the American Bar Association website, SDV’s Grace V. Hebbel and David G. Jordan write about how some recent legislation is aiding policyholders with their property damage claims.

Connecticut recently aligned itself with a number of states that have codified legislation which requires a matching of replacement materials to existing, undamaged, property to avoid an unsightly appearance. Although Connecticut courts have yet to examine the new statute, cases from other jurisdictions offer guidance. In Minnesota, for example, the State Supreme Court recently held that an insured suffering damage to its siding from a hail storm was entitled to replacement of both the damaged and undamaged siding in order to ensure continuity of color.

The entire article is available on the American Bar Association website (you will need a subscription to view this article)


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