(May
2023)
AAIS
Endorsement PM 4802– Replacement Cost Valuation is used only with the AAIS
Personal Property Policy. When attached, it broadens coverage to allow
settlement on a replacement cost (RC), rather than on an actual cash value
basis. The form excludes several categories of property from RC settlement and
has separate provisions for Computer and Non-computer property categories.
Related
Article: PM 00 02-AAIS Personal Property Coverages Form Analysis
Loss
involving such property may be settled without a reduction due to depreciation.
However, the endorsement contains the following limitations:
·
Replacement is based upon the cost to
either repair or replace the applicable property. Further, the replacement involves
providing (or basing valuation on) property that is similar in quality and type
of the damaged or destroyed item.
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Example:
Brady’s cameras are insured under a Personal Property Policy. His Photoklown
240 is destroyed when a visiting friend knocks it off his apartment’s kitchen
counter. Brady turns in a claim and then buys a replacement. Since the
Photoklown 240 is not available, he pays $1,600 for a Photoklown 310. His
insurer determines that he could have found a comparable 240 through E-Pay
for $935 and that’s the amount they use to settle the loss. |
·
Full payment will not occur until and
unless the applicable property is actually repaired or replaced.
·
The insured is entitled to make a claim
based on actual cash value prior to final repair/replacement. However, the
named insured must state an intention to repair or replace the property no
later than 180 days after the date of the covered property’s loss or
destruction.
·
Certain property categories, such as business
property, non-owned property, described fine arts, and collectibles with
appreciating values are not eligible for replacement cost settlement.
·
Computer property is not eligible in
this section of the endorsement.
The
endorsement handles computer and related equipment losses differently from
non-computer property. While replacement cost settlement applies, it does so
under the following conditions:
Computer Hardware
· When hardware is replaced, that replacement is according to the use of new equipment that is equivalent (functionally) with the damaged/destroyed property. The functional distinction is important since it means that an insurer has more control with providing replacement cost protection. It minimizes the probability of enriching a customer via replacements that are actually upgrades, such as newer models/editions.
·
When hardware is neither replaced nor
repaired, replacement cost settlement is rendered moot. In such instances, the
insurer’s obligation is to settle according to the destroyed/damaged
equipment’s pre-loss actual cash value.
Related
Article: Actual Cash Value Guide
·
When covered hardware suffers a partial
loss and may be repaired to restore its functionality, the insurer’s maximum
obligation is to pay the reasonable cost necessary to get the equipment to its
pre-loss condition.
·
Settlement costs involving programs and
application are made according to the expense related to either reinstalling
the original programs or to the unavailability of such programs. The policy
will pay the expense associated with reinstalling programs based on the use of
the original, licensed software. If the original software is, for various
reasons, unavailable, reimbursement will be made according to the cost of using
the most current, available software.
·
When there is a loss that involves blank
media (tapes, discs, etc.), reimbursement is based on the current replacement
or repair cost of such media. Replacement is based upon the cost of comparable
kind and quality media.