Ala. Admin. Code r. 482-1-125-.09 - Standards For Prompt, Fair And Equitable Settlements Applicable To Fire And Extended Coverage Type Policies With Replacement Costs
(1) When the policy provides for the
adjustment and settlement of first party losses based on replacement cost, and
a loss requires repair or replacement of an item or part, any consequential
physical damage necessarily or reasonably 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, except as provided by the policy.
(2) When the insurance policy provides for
the adjustment and settlement of losses on an actual cash value basis on
residential fire and extended coverage, the insurer shall determine actual cash
value as replacement cost of property at time of loss less depreciation. Upon
the insured's request, the insurer shall provide a copy of the claim file
worksheets detailing any and all deductions for depreciation.
(3) In cases in which the insured's interest
is limited because the property has nominal or no economic value, or a value
disproportionate to replacement cost less depreciation, the determination of
actual cash value as set forth in Paragraph (2) is not required. In such cases,
the insurer shall provide, upon the insured's request, a written explanation of
the basis for limiting the amount of recovery along with the amount payable
under the policy.
Notes
Author: Commissioner of Insurance
Statutory Authority: Code of Ala. 1975, ยงยง 27-2-17, 27-1-17, 27-1-19, 27-12-21, 27-12-24, 27-14-8, 27-14-11, 27-14-9.
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