Although the "Unfair Property/Casualty Claims Settlement Practices
Model Regulation" was taken up by the National Association of Insurance
Commissioners back in 1990, states are increasingly using versions of
the regulation in aiding the insured to rebuild their homes that suffered
property damage. In 2014, South Dakota became the tenth state to apply
at least a version of the regulation which requires home insurance companies
to "replace all such items in the area so as to conform to a reasonable
Significantly, Nebraska and Kentucky were two states that adopted language
that was nearly identical to the regulation itself. This part of the regulation
seems to favor the insured who can file a bad faith claim against their
insurance company if they fail to provide repairs that are consistent
with the "reasonably uniform appearance" of the part of the
home that was damaged.
This could strengthen the insured's hand when in court pursuing a bad
faith claim in that they could argue that the model adopted by the state
was meant to go beyond ordinary policy provisions for covering damage
to their home.
At Daly & Black, PC we do our best to obtain the successful results
for our clients and our award-winning firm is ready to stand up for you.
Call us today to speak with an attorney regarding your insurance claim so we can get
started right away.