FUNCTIONAL REPLACEMENT COST VALUATION

(May 2025)

INTRODUCTION

Property the American Association of Insurance Services (AAIS) Businessowners Policy insures is valued at either actual cash value or replacement cost value. There is a significant penalty if a loss occurs and the property is not adequately insured to value. However, certain buildings and business personal property should not be insured to their replacement cost (or even their actual cash value) because doing so could create a significant moral hazard.

Functional replacement cost is used when it’s not practical or cost-effective to replace damaged property with materials or methods identical to the original. Instead, the property is replaced with materials or construction that serve the same function but may be less expensive or more modern.

To address this, AAIS has developed two endorsements offering alternatives, allowing the named insured to adjust the amount of coverage to align with the expected cost of replacing damaged property.

BP 0345–Functional Replacement Cost Valuation–Buildings

This endorsement is applicable when the named insured owns a building but does not fully utilize it. In the event of a significant loss, the named insured would opt to replace it with a smaller and less ornate structure. For example, consider a multi-story building where the named insured only uses the lowest floor. If a significant loss occurs, they would choose to replace it with a smaller, one-story building.

Similarly, in the case of an office building with elaborate decorations, the named insured would replace it with a much simpler design if a significant loss were to happen.

Example: Helen owns a four-story building located in the downtown area. The first floor houses her retail hosiery shop, while the second floor contains the offices, an employee break room, a locker room, and the Internet sales division. Helen rents the top two floors for herself, where she occupies her apartment.

The building is constructed of poured concrete and features ornate decorative elements on the street-facing wall. The current cost to replace this building with one that has similar features is over $3,000,000, due to the type of construction and the craftsmanship required to recreate such intricate details.

 However, Helen would prefer to replace it with a more economical two-story structure made of solid masonry materials, rather than replicating the existing construction and decorative features.

BP 0343–Functional Replacement Cost Valuation–Business Personal Property

This endorsement may be used when machinery, furniture, or fixtures can be replaced with functionally similar items at a significant savings. Although the existing property may have value, it may not be efficient. For instance, an office filled with ornate carved desks and bookshelves could be upgraded to more practical workstations and alternative filing systems.

Example: Julie is a fourth-generation lawyer in the Kendrick-family law firm. She owns the firm and has always enjoyed the fine wood furnishings. However, all law journals are now online, and she does not need many of the bookshelves scattered throughout the premises. Her desk is beautiful, as is every desk in the office, but it is not practical for the type of law the firm practices. The cost to replace the furnishings is $500,000, but she could easily replace everything with more functional furnishings for about $200,000.

BP 0345–FUNCTIONAL REPLACEMENT COST VALUATION–BUILDINGS ANALYSIS

This endorsement starts with a schedule containing the following information:

This endorsement is not a separate coverage form. All terms of the policy apply, except for those modified or changed by this endorsement.

The following is a summary of the changes and modifications:

Additional Definition:

Market Value

The term refers to the competitive price a covered property should bring in the open market when sold under fair sale conditions. The price of the land must be excluded when determining this value because the land remains even after a loss.

Example: Jerry’s six-story building is situated in a downtown area. Its market value is $3,000,000. However, it is worth only $1,000,000, but the land is worth $2,000,000.

Valuation of Property Losses

The terms " replacement cost” and “actual cash value” are deleted and replaced by the following Functional Replacement Cost valuation.

Total Loss rebuilt on the same site:

Total Loss rebuilt on a different site:

Payment is for no more than the amount the named insured actually spends to rebuild and to demolish and remove debris.

Example: Peter’s Stationary has a total loss. Peter spends $200,000 to replace the building. This is significantly less than the structure’s $2,000,000 replacement cost.

Partial Loss to the building:

·         If the loss is partial and the named insured signs a contract to repair the damaged building within 180 days after the incident, the valuation will be based on the cost to repair or replace the damaged portion with materials similar to those used in the rest of the building, provided they are less expensive. This valuation will also include the cost of removing debris from the damaged building.

The payment will not exceed the actual amount the named insured spends on repairs, demolition, and debris removal.

It's important to understand that if a signed contract is not in place within 180 days after the loss, and the insurance company has not agreed to an extension—either total or partial—the maximum amount paid will be the lesser of the property's market value on the date of loss or the cost to repair or replace the building with similar materials of lesser cost. This provision requires that the cost to repair or replace takes depreciation or deductions into account due to physical deterioration.

HOW MUCH WE PAY

1. Item 3. Loss Settlement Terms:

·         Under Property CoveragesHow Much We Pay—this endorsement eliminates 3.b. for the costs to rebuild with like kind and quality because it is not relevant to Functional Replacement Cost Valuation.

2. Item 5. Insurance Under More Than One Policy:

·         Under Property Coverages—How Much We Pay—this endorsement modifies the provisions by adding Functional Replacement Cost valuation terms.

ADDITIONAL COVERAGES

1. Increased Costs–Ordinance or Law

This endorsement replaces (7. Increase Costs – Ordinance or Law) the previous coverage with a more comprehensive version. In addition to covering the increased costs, it now also includes the value of any undamaged building that needs to be destroyed, as well as the costs for demolition and debris removal.

It's important to note that there is no additional insurance amount for any of these Increased Costs coverages unless a specific limit of insurance is specified in the endorsement schedule.

OPTIONAL COVERAGE

Loss of Income

This section works with the direct damage coverage that Increased Costs–Ordinance or Law provides. It covers the increased amount of time needed to comply with those ordinances or laws by changing the definition of the Period of Restoration to eliminate the paragraph that does not permit any additional time because of laws or ordinances. Also, a further provision has been added for pollution or fungus that does not increase the time of restoration due to code enforcement or regulation for replacement, remodeling, rehabbing, or razing of property.

Another feature of this change is the 72-hour waiting period for loss of earnings can be reduced by entering a different time period or eliminated by entering “none” in the space provided on the endorsement schedule.

Lastly, the loss or damage must occur at the described premises.

BP 0343–FUNCTIONAL REPLACEMENT COST VALUATION–BUSINESS PERSONAL PROPERTY ANALYSIS

This endorsement starts with a schedule that requires entering the Premises Number, Building Number, a description of the business personal property, and the functional replacement cost Limit of Insurance for that property.

It is important to note that all other business personal property may be valued on a full replacement cost basis, and only one item or type of property changed to functional replacement cost.

Example: The tables and chairs at Millie’s soda shop are 75 years old. The cost to replace them is more than Millie wants to pay. She prefers to purchase readily available tables and chairs instead. She separates the value of the tables and chairs from her other business personal property limits and schedules them on BP 0343. She selects a limit of $15,000 to apply to them instead of the $75,000 replacement cost that would otherwise be required.

This endorsement is not a separate coverage form. All the policy’s terms apply except for the ones this endorsement modifies or changes.

The following summarizes those changes:

ADDITIONAL DEFINITIONS

Market Value

The term refers to the competitive price a covered property should bring in the open market when sold under fair sale conditions. The price of the land must be excluded when determining this value because the land remains even after a loss.

Valuation of Property Losses

The terms " replacement cost” and “actual cash value” are deleted and replaced by the following Functional Replacement Cost valuation.

NOTE: The 180 days can be extended if the insurance company agrees to do so.

Example: Peter’s Stationary’s loss includes business personal property. He spent $10,000 to replace the carved wooden stock displays valued at $50,000 with more practical and accessible ones.

·         If the insured and the insurance company have not agreed to extend the timeframe for entering into a contract, and the insured does not enter into a contract within 180 days, the insurance company will pay the lesser of either the market value or the cost to repair or replace the BPP with similar quality and type, minus any physical deterioration or depreciation.

HOW MUCH WE PAY

Item 3. Loss Settlement Terms:

Under Property CoveragesHow Much We Pay—this endorsement eliminates 3.b. for the costs to repair, replace, or rebuild with like kind and quality because it is not relevant to Functional Replacement Cost Valuation.