What is the definition of “like kind and quality” when referring to homeowner’s insurance?
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What is the definition of “like kind and quality” when referring to homeowner’s insurance?
I have hail damage to 2 ends of my house. The siding is 20 years old and is a light blue. Insurance said they will replace both ends but they cannot find a close match. They are saying my policy does not require them to find a close match but my policy says they must use “like kind and quality”.
Asked on October 15, 2015 under Insurance Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
There is no specific definition in the law though your insurance policy may have one if it does, the definition in the policy is enforceable and will control. If there is no definition in the policy, basically it means what it seems court default to common or plain language e.g. dictionary definitions and reasonable interpretations when there is no specific legal definition something that is about as good as the siding you'd had, costs more or less what that siding cost adjusted for inflation, and as close in color, texture, type, etc. as is possible now, given the passage of 20 years. They have to do the best as they reasonably can, no more.
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