What is the definition of “like kind and quality” when referring to homeowner’s insurance?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is the definition of “like kind and quality” when referring to homeowner’s insurance?

I have hail damage to 2 ends of my house. The siding is 20 years old and is a light blue. Insurance said they will replace both ends but they cannot find a close match. They are saying my policy does not require them to find a close match but my policy says they must use “like kind and quality”.

Asked on October 15, 2015 under Insurance Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is no specific definition in the law though your insurance policy may have one if it does, the definition in the policy is enforceable and will control. If there is no definition in the policy, basically it means what it seems court default to common or plain language e.g. dictionary definitions and reasonable interpretations when there is no specific legal definition something that is about as good as the siding you'd had, costs more or less what that siding cost adjusted for inflation, and as close in color, texture, type, etc. as is possible now, given the passage of 20 years. They have to do the best as they reasonably can, no more.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption