September 1, 2008
Does a Patch Need to Match?Understanding ‘Like Kind and Construction’ in the Wake of Greene v. USAA
By Jay M. Levin and Steven T. Voigt
Property insurance policies typically require repair and replacement of damaged property to be made with "like kind and construction" as the original. Occasionally, a policy will include another phrase that is similar to "like kind and construction," such as "like kind and quality" or "like construction and use." How to interpret such phrases, including how far an insurer must go to maintain the design and aesthetics of the pre-loss property, is an important issue in the claims process.
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