Friday, September 05, 2008
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Subject: Like kind & quality
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Bryan HinesUser is Offline

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Posts:96


09/06/2007 9:25 AM  

J Davis : I'm wondering does the "without regard for style or color"  attitude apply to everything?  What about flooring ,siding, wall finishes ect....? 

John DavisUser is Offline

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Posts:39


09/06/2007 9:18 PM  
Bryan Hines I want you to read your Texas Homeowner's Policy and address these questions with the the information you find in Section I concerning Loss Settlement. In the HOA it states - Our limit of liability and payment for covered losses will not exceed the smallest of the following: b. the cost to repair or replace the damaged property with material of like kind and quality.

In another poloicy that is being written in Texas it states 1. - we will pay only for the repair or replacement of the damaged part of the property with common construction techniques and materials and materials commonly used by building trades in standard new construction. We will not pay the cost to repair or replace obsolete, antique or custom construction with like kind and quality.
Bryan HinesUser is Offline

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Posts:96


09/06/2007 11:26 PM  
John not sure of your question. I have a good working knowledge of the policy. As to the policy that is now being written not sure who will purchase . With your logic if the carpet in the living area gets damaged just remove only the damaged portion replace "without regard for style or color" and your done.
Ray HallUser is Offline
Adjuster
Houston, TX
Member
Posts:804


09/07/2007 1:18 PM  

 

 

We hear the word "indemnity" used by adjusters who do not understand the true meaning. Please read page 39 down at the  right bottom of the page (3) The necessary amount actually spent to repair or replace the damaged building.

The loss settlement clause in the HO-3 is subject to all the conditions being met, and if they are met and the money has been spent, then indemnity is only accomplished by reinbursement. *

*Now read the direct loss wording in the paragraph (2) above. This brings you back to a adjustment problem for the definition of damages and commercial law for that state.

**The color match problem is not spelled out in the HO-3 or other property polices, and has been worked through by both parties for one hundred years using "reasonable man and pure indemnity principles".  You could also settle these disputes using the pair and set language as a guide.(Although it does not apply to real property)

John DavisUser is Offline

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Posts:39


09/07/2007 2:41 PM  
Bryan, in Texas as approved by the TDI carpeting damaged by a covered peril is replaced up to where a door would close and you would not be able to see the difference in the carpet. If there is enough damage to the siding all of it slhould be replaced. If only a small amount of siding is damaged on that side or elevation, that small amount of siding should be replaced and painting allowed to make that side match. If the wall finish is damaged I would allow to scrape and texture the damaged wall(s), then seal the newly textured wall(s) and the paint all of the walls - one coat if it is white and two coats if it is colored.
Ray HallUser is Offline
Adjuster
Houston, TX
Member
Posts:804


09/07/2007 6:04 PM  

" We are a goverment of laws , not of men" . Rethink your post Mr. Davis and see if you followed the law of contracts and adjusted the water damaged room properly.

John DavisUser is Offline

Member
Posts:39


09/07/2007 7:09 PM  
Ray Hall I want you to contact Crum & Forster, Farmers Insurance Group and State Farm and tell them I was taught wrong if you believe my post was wrong. I want you to call the Texas Department of Insurance if you believe I adjusted the covered peril damaged carpet wrong.
Bryan HinesUser is Offline

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Posts:96


09/07/2007 7:47 PM  
John
It seems you are inconsistent in your application of regard and disregard for style and color. One thing to keep in mind is that you may have been taught by Big Red and the farm boys but you are license by the state. I would be interested in the statute the state wrote concerning the way to adjust carpet.
Ray HallUser is Offline
Adjuster
Houston, TX
Member
Posts:804


09/08/2007 3:21 PM  

This is not on point; however it seems to me the insurance carriers who require a certain brand of estimating software by Zip code updates and the brand "thats the accepted program by ALL the restoration contractors in the USA (not true) may be doing something deceptive. The way to clear the air would be an agreed scope and unit prices with the insureds or their contractors.

John DavisUser is Offline

Member
Posts:39


09/09/2007 6:00 PM  
Ray, I did not address Bryan Hines loss as water damage as I did not recall him saying the damaged carpet was caused by that peril.

Bryan, the covered peril damaged carpeting that is damaged beyond repair would be replaced with like, kind and quality for all the rooms of damaged carpet up to where a door closes to where the difference could not be seen. If you know a company that will replace all of the carpeting in the house if only one room is damaged I would like to know what company that is. Ten years ago I heard from a contractor staing that Allstate would replace all of the carpeting if only one room was damaged.

Bryan have you ever been employed as a staff adjuster for a property and casualty company? I would suggest you call the TDI and asked them if the p&c company should pay for damaged carpeting beyond a closed door.
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