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) |