Tag Archives: Matching

The Seventh Circuit Court of Appeals Weighs In On “Matching”

Last year in one of my blogposts, I wrote about Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Company,1 and the issue whether appraisal is appropriate to resolve a dispute over the cost of repairing physically undamaged siding of townhome buildings to remedy a mismatch with repaired damaged siding. There, a federal district court … Continue Reading

Matching Endorsement Upheld as Modifying Policy to Exclude Coverage for Undamaged Material

The Eight Circuit Court of Appeals in Noonan v. American Family Mutual Insurance,1 recently upheld that the Minnesota Amendatory Homeowners Endorsement (“Endorsement”) excludes “matching.” The Endorsement provides that an insurer does “not pay to repair or replace undamaged property due to mismatch between damaged material and new material used to repair or replace damaged material.”… Continue Reading

Matching in Ohio

There must be a lot of matching disputes out there because I have received two questions this week alone on matching issues in various jurisdictions. So, for today’s blog I will discuss matching in Ohio—The Buckeye State.… Continue Reading

Is a “Matching” Dispute Appropriate for Appraisal? – Update

Last year in one of my blogposts, I wrote about Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Company, and the issue whether appraisal is appropriate to resolve a dispute over the cost of repairing physically undamaged siding of townhome buildings to remedy a mismatch with repaired damaged siding. There, a federal district court … Continue Reading

Roof Matching in Montana

We received a request for a blog related to decisions on roof matching under homeowner’s policies of insurance. In 1997 the Insurance Commissioner’s Office of Montana took a position on roof matching under the contractual duty to make a policyholder “whole” again, and the query was whether Montana had case law or statutory provisions at … Continue Reading

Matching Protections for Hurricane Irma Claims in Florida

In 1990, the National Association of Insurance Commissioners adopted a new section to its model regulations relating to unfair property claims.1 Section 9 of the model regulation provides:2 A. When the policy provides for the adjustment and settlement of first-party losses based on replacement cost, the following shall apply: *** (2) When a loss requires … Continue Reading

An Insurer’s Obligation to Match: Comparable Materials and Quality

Policyholders purchase property insurance and pay lofty premiums with the intention of their insured property being restored to where it was prior to a loss. But what happens when the loss affects only a portion of the siding or has destroyed only a handful of discontinued roofing tiles? Is the policyholder forced to accept mismatching … Continue Reading

The Scope of Appraisal in Illinois

The appraisal clause in a typical residential and commercial property insurance policy provides for an appraisal if the parties disagree as to “the amount of loss.”1 That phrase has been the subject of extensive legal debate between insureds and insurers in terms of its meaning and scope. While most courts have concluded that ascertaining the … Continue Reading

Is a “Matching” Dispute Appropriate for Appraisal?

In my last blog post, I discussed Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Company,1 and the issue whether appraisal is appropriate to resolve a dispute over the need for a general contractor to perform repairs following a covered loss. Windridge of Naperville also involved whether appraisal is appropriate to resolve a dispute … Continue Reading

Pair, Set and Match

A public adjuster recently asked me about a hotel that was under a specific brand and the contract to maintain the brand required the rooms and furniture to match. Following a loss, the insurance company has refused to pay for the portions of the physically undamaged property and the policyholder paid millions to match the … Continue Reading

Is matching required in Missouri?

In the area of property damage law, one of the hot topics these days is matching. If only a portion of a structure is damaged and the material to be used to repair or replace the damaged portion is no longer available, is the insurance company required to replace the entire area so the siding, … Continue Reading

“You Break It, You Bought It” and Other Repair to Undamaged Property

Florida Statute § 626.9744(1) requires a Florida homeowner’s property insurance to cover repair or replacement of undamaged property when it is damaged during repair. Specifically, subsection (1) of this statute (2011) states: When a loss requires repair or replacement of an item or part, any physical damage incurred in making such repair or replacement which … Continue Reading

Matching Lawsuit and Order that Makes the Policyholder’s Point

The Minnesota Attorney General had enough of insurance companies failing to live up to the promise of putting policyholders back into the same position they were before the loss. Currently, the situation is the same throughout the nation, where insurers say they will do one thing, but have their attorneys argue out of the bargain … Continue Reading

Coverage Issue of “Matching” Roof Tiles or Shingles Shows How to Use the Search Function of this Blog

I received a comment to my post, Cosmetic Damage is "Physical Damage" and Recoverable Under a Property Insurance Policy, asking the following: What about matching of the roof tiles or shingles? The new ones are always going to be different. But, the insurance companies are not paying for the entire roof. In this case the … Continue Reading

Matching Coverage Disputes and Disagreements are Routine and Not Going Away–Don’t Miss Our September 11 Seminar in Houston Which Covers This Topic

Insurance claim denials and disputes involving “matching” are frequent. I received this recent comment on the topic of matching: Hey Chip Back on 5/17/09, Cat adjuster posted a comment regarding matching of aged paneling and tile floors. You advised that maybe the adjusters were relying on Texas Case Law regarding causation. In my experience, the … Continue Reading

Provide the Right Proof so Your Insurer Will Pay Costs to Repair or Replace to Match Texture, Color and Likeness

If you have questions on insurance coverage, I have answers. A public Comment and a few private questions to yesterday’s post, Matching of Property Damage is Statutory in Florida, were enough cause to provide some general case examples and one significant suggestion.… Continue Reading
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