Does a Patch Need to Match?

A particular and recurring problem is what do when only part of a building or property is damaged. For example, if a home has matching wall'to-wall carpeting in the living room, front hall and stairs, and fire damages only the front hall, is the homeowner entitled to have all the matching carpeting replaced if the new carpet does not match the old? If one kitchen cabinet is damaged, and the replacement does not match the others, must the insurer replace all the cabinets? Where the original materials are no longer available, a limitation of liability of an insurer to an amount needed to repair or replace with materials of like kind and construction does not preclude a reasonable substitution of other materials. See e.g., Metz v. Travelers Fire Ins. Co., 355 Pa. 342, 49 A.2d 711 (1946) (“If part of the building destroyed cannot be replaced with material of like kind and quality, then it should be substantially duplicated within the meaning of the policy.”). The extent to which an insurer is obligated to pay the cost to match the damaged property to the original construction, however, is frequently a point of contention during loss adjustment. There are, however, few cases on point to guide adjusters and practitioners.