Determining how the insurer complies with the policy provision of repairing or replacing damaged property with "like, kind, quality" and putting the insured back to "pre-loss" condition can be difficult. Especially when it comes to matching the repaired or replaced property with the undamaged property. The problem can be exacerbated when the damaged property (shingles or siding for example) have been discontinued, but the entire structure is not damaged; this makes it difficult to properly match products if old stores of the product cannot be located. 

​

There are additional defenses, rules, and regulations applicable to these types of losses such as cosmetic damage, reasonable uniform appearance, policy language, and state court opinions. 

​

This chart is current as of the date I wrote it, but adjusters should be familiar with their state’s rules. I cannot guarantee the accuracy of the list. Because laws and regulations can change without notice, an attorney should be contacted if there are any questions regarding this chart. These materials are provided for informational and educational purposes only and do not constitute legal advice or legal opinions because I am not an attorney.