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 uniform appearance."
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.