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Does a Patch Need to Match?
Property insurance policies typically require repair and replacement of damaged property to be made with “like kind and construction” as the original. Occasionally, a policy will include another phrase that is similar to “like kind and construction,” such as “like kind and quality” or “like construction and use.” How to interpret such phrases, including how far an insurer must go to maintain the design and aesthetics of the pre-loss property, is an important issue in the claims process.
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.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.