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Question
I have shingle loss on an outbuilding adjacent to my dwelling. I contacted my insurance company regarding the loss. They agreed to replace the shingles on the outbuilding. This shingle is no longer in production. I asked for replacement of the shingles on my dwelling as well under my "full replacement clause" citing a mismatch of product. both structures have identical product. The adjuster denied coverage for the dwelling. My home is in excellent condition and I would not be happy w/ different products on each structure. Where does full replacement value come into play in this case?  Thanks for your service

Answer
Steven,

Unfortunately, your insurance policy is only required to replace the "damaged" property. There is no requirement to replace non-damaged items simply to "match". There are court cases that specifically address that issue. It is a little less clear in situations where the damage may only be to one slope of a roof and "line of sight" issues come into play but in this situation, you have a completely different structure that was affected. They have no obligation to replace your house roof if there is no damage to it.

Think of the financial ramifications if insurance had to replace something simply to match... "Hey, I don't like the carpet in my entire house so I "accidently" spill a bottle of bleach in the closet!" Our premiums would be based on what the exposure is ... and none of us could afford insurance at that point.

Even if the particular shingle on the outbuilding is no longer made, there will be shingles that are so close in color and style that ARE so the differences will likely only be apparent to a professional.

Hope this helps clarify the issues a little.

Kevin Hromas
JD, EGA, RPA, PLCS, HCRI-R/C, CPIU, WINDŽ Umpire
Kevin Hromas & Associates
... A Division of US Insurance Information LLC
www.KevinHromas.com

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Kevin Hromas

Expertise

I am a licensed, executive general adjuster currently holding a Texas resident P&C license (614250), New Mexico non-resident all lines license (248774), Oklahoma non-resident P/F/M license (A299561), Florida non-resident P&C license (E117051) and a National Flood Insurance Program certification (06040100). My areas of expertise involve property and casualty issues in both residential and commercial policies with regards to claims practices and issues. I deal extensively with Lloyd's of London commercial policies and various domestic carriers for residential policies.

Experience

After a 20 year career as a General Contractor, I was employed by Allstate Insurance as an adjuster in Texas, holding various postitions within the property claims department. After leaving Allstate, I specialized in handling losses associated with major catastrophes through-out the country. (Hurricanes Isabel, Charlie, Wilma, Katrina, Ike, etc., hail storms, floods.) I am currently retained as an expert by multiple insurance defense firms in Texas for issues in litigation. I am also a certified Umpire for formal appraisals.

Organizations
Member - Society of Registered Professional Adjusters Fellow - Council on Litigation Management Member - Property and Casualty Association Member - Texas Independent Insurances Adjusters Association Member - National Association of independent Insurance Adjusters Member - Houston Claims Association

Publications
Claims Magazine (www.ClaimsMag.com and then search 'Kevin Hromas' for a full listing of articles and quotes.) www.ClaimsPages.com, www.ProAdjuster.org, www.KevinHromas.com

Education/Credentials
JD - University of Houston Law Center - 1992 BA - Southwest Texas State University - 1980 AA - South Plains College - 1977 PLCS - Personal Lines Coverage Specialist

Past/Present Clients
Certain Underwriters at Lloyd's, London, Fulbright & Jaworski (Law Firm), Bracket & Ellis (Law Firm) Thamm & O'Briant (Law Firm) Sheehy, Ware & Pappas (Law Firm) Walker, Wilcox and Matousek (Law Firm) Financial Guarantee Underwriters

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