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Todd_Summers

USA
69 Posts

Posted - 09/08/2003 :  10:42:50  Show Profile
Kile, very good question. I have often wondered about this and had even considered posting the question here myself.
JimF, very good answer and I suspect very accurate and indicative of how most of us handle the issue, however...
Where in the policy does it explain this? How does the policy cover matching paint and carpeting but not roofing, siding or even interior cabinets (uppers and lowers)? hmmm?
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dparsons

USA
13 Posts

Posted - 09/08/2003 :  22:23:29  Show Profile
"Like Kind and Quality" does not mean color. Also, you don't owe carpet past a door opening unless it is a "doorless" opening or entry. This is based on case law and the courts are the final judge of the contract. Our new, whizbang managers with about 15 minutes field experience haven't a clue about the years of court cases and their impact on the policy. Carriers, with their dumbass management, are repeating the reasons why we have Unfair Claims Acts. Do you know what they do with all of the people with "work for food" signs? The become District Property Managers or Directors for Farmers Insurace Group.
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Wes

USA
62 Posts

Posted - 09/08/2003 :  22:41:59  Show Profile
What if the carpet is not seamed at the door? I had a adjuster once tell me that we do not owe for carpet from room to room (continuous) because people frequently have different color carpet in adjoining rooms. I was astonished at this statement because although he may be correct in his observation in general, the home we were currently inspecting had continuous color carpet through out. How could he justify in his mind it was okay to tell the homeowner we aren't going to pay you for matching carpet because you could just as easily install a different color in each room. I could also paint the four doors on my car a different color but for some reason and I think the same reason applies to carpeting this is not a very common practice. Sorry about the ranting :-) !!!
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dparsons

USA
13 Posts

Posted - 09/08/2003 :  22:59:15  Show Profile
If you have a custom loomed carpet that is made for an area that includes more than one room, I agree. How many losses have you worked with custom loomed carpet? How many have you worked where there was no seam at the door? What difference does that make if the courts rule each room stands on its own? There is a reason we do what we do and it is not to make Mrs. Insured mad because she has orange carpet everywhere and the new carpet won't be the same shade. Check your FC&S. Like Kind and Quality does not mean color match. All we owe is for what was damaged. If a ceiling is stained by a covered water leak, we owe to repair the ceiling. We do not owe to paint the walls and all of the moldings in that room or all of the rooms in the rest of the house because the shade may be off.
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bryan newell

USA
45 Posts

Posted - 09/09/2003 :  16:29:39  Show Profile
The carrier I am currently working for, in DFW, has this for a guideline; same color, same texture - paint ceiling & walls. If you can shut the door stop there, if not then you continue with the carpet, if it is the same color & texture. Each carrier uses different guidelines, making our job even more fun..
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dparsons

USA
13 Posts

Posted - 09/15/2003 :  16:00:42  Show Profile
I knew of a an adjuster years ago (more than I care to admit) who told the story of a storm trooper who was working hail on a rather large apartment complex. The hail came in almost parallel to the ground and all of the damage was on on side. He figured onlt the damaged slopes and the contractor just nodded. He then allowed for paint the facia that was damaged and the contractor went nuts. He said, "How the hell am I supposed to just paint that without painting all of it?" The adjuster smiled and laughed and said, "Well, when you get to the end of that board (pointing to the end of the facia), you quit moving your G-- D--- arm." The contractor glared, then smiled, then chuckled, then laughed and said,"I can't argue with that!" Some folks just have a gift.
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