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Calculation of the Loss - Actual Cash Value or Replacement Value

In paying the loss suffered by a policyholder when property is damaged or destroyed, an insurance company normally will consider its obligation to be to pay the present or depreciated value of the property just before its loss. Thus, destruction of a well-used item could result in a minimal recovery for the policyholder. A policyholder may purchase a relatively inexpensive rider to the policy providing for reimbursement of the replacement value of the damaged or destroyed item. Examination of the insurance policy and any rider should provide details on coverage under the policy for either actual cash value or replacement value.

Insurance Law

If an insured suffers a loss for which an insurer denies coverage, the insured may attempt to recover damages from the agent or the insurer on the ground that he would not have purchased such a policy had the agent explained it to him. The action may be brought under a negligence theory. In such a case, the insured would need to prove that the agent had a duty of care to explain the policy to him.

Declaratory Relief

A declaratory judgment action may be brought by a plaintiff who is unsure of his legal right to recover from a defendant. This type of action is available to both an insured and an insurer to determine each party's rights, duties, obligations, and liabilities under an insurance policy.

Partnerships Entitled to Life Insurance Proceeds

Generally, the legal entity of a partnership dissolves when one partner dies. However, partners may enter into an agreement during the life of the partnership to enable the surviving partners to continue with the business when one partner dies. A life insurance policy may be an appropriate means of accomplishing this purpose.

Insurance Law> Property Insurance> Exclusions Generally

(Business Property Insurance Policy Exclusions)