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JeffreyB

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About JeffreyB

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  • Location:
    Indianapolis, IN
  1. Complain, Complain, Complain. The squeaky wheel gets the oil..Go higher up the food chain and persist... I live in a state (IN) that doesn't have any matching laws. statutes, or regulations regarding Matching. But there are many that do- Minnesota, Ohio, Washington, and Kentucky are four states that have had Matching laws enacted in last 10 years and this is because usually it is not fair to the consumer to replace just one side of siding (aluminum or vinyl) or part of a roof due to matching issues (color, quality, or size of item). A lot of court cases had a real estate appraiser or real estate agent testify that a mis-matched house decreases a home's value, i.e. The value of home is now less than what it was pre-storm. The insured should not have to go out of pocket (other than deductible) in order to make his house "Whole Again". Here is an excerpt from the NAIC that explains further (also written exactly the same into Kentucky state law among others): The National Association of Insurance Commissioners (NAIC) has drafted a model law called the “Unfair Claims Settlement Practices Act.” It is a consumer-protection law that prevents insureds from predatory and unfair claims settlement behavior on the part of insurance companies. Most states have enacted their own version of this model law, and the specifics of each such law vary from state to state. The NAIC Unfair Property/Casualty Claims Settlement Practices Model Regulation (MDL-902, 1997) has a section which reads as follows: Section 9. Standards for Prompt, Fair and Equitable Settlements Applicable to Fire and Extended Coverage Type Policies with Replacement Cost Coverage. A. When the policy provides for the adjustment and settlement of first party losses based on replacement cost, the following shall apply: (1) When a loss requires repair or replacement of an item or part, any consequential physical damage incurred in making such repair or replacement not otherwise excluded by the policy shall be included in the loss. The insured shall not have to pay for betterment nor any other cost except for the applicable deductible. (2) When a covered loss for real property requires the replacement of items and the replacement items do not match in quality, color or size, the insurer shall replace items in the area so as to conform to a reasonably uniform appearance. This applies to interior and exterior losses. The insured shall not bear any cost over the applicable deductible, if any. Good Luck to All..
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