Rhode Island Code of Regulations
Title 230 - Department of Business Regulation
Chapter 20 - Insurance
Subchapter 40 - Claims
Part 2 - Unfair Property/Casualty Claims Settlement Practices
Section 230-RICR-20-40-2.9 - Standards for Prompt, Fair and Equitable Settlements Applicable to Fire and Extended Coverage Type Policies with Replacement Cost Coverage
Universal Citation: 230 RI Code of Rules 20 40 2.9
Current through September 18, 2024
A. Replacement Cost
1. When the insurance policy provides for the
adjustment and settlement of first party claimant losses based on replacement
cost, the following shall apply:
a. When a
loss requires repair or replacement of an item or part, any consequential
physical damage incurred in making such repair or replacement not otherwise
excluded by the policy, shall be included in the loss. The first party claimant
shall not have to pay for betterment nor any other cost except for the
applicable deductible.
b. When a
loss requires replacement of items and the replaced items do not match in
quality, color or size, the insurer shall replace all such items so as to
conform to a reasonably uniform appearance. This applies to interior and
exterior losses. The first party claimant shall not bear any cost over the
applicable deductible, if any.
B. Actual Cash Value
1. 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 follows: replacement cost of property at time of loss less
depreciation, if any. Upon the first party claimant's request, the insurer
shall provide a copy of the claim file worksheet(s) detailing any and all
deductions for depreciation.
2. In
cases in which the first party claimant'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 above is not required. In such cases, the insurer shall provide, upon
the first party claimant's request, a written explanation of the basis for
limiting the amount of recovery along the amount payable under the
policy.
Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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