Carpet repair or replacement are entitled to" Clear line of Sight"

by Liz Smith
(Palmdale, California)

I have the same carpet throughout the house, I was told I"m not entitled to "Clear line of Sight" . The adjusters inform me that they will replace the room that has the damage. My questions to you -- if I had a perfectly matched carpet throughout the house before my loss, do I have the same standard after my loss? I have been told my others. That the carpet principle is same as the same principle that applies to everything that is subject to repair or replacement-"shingle, brick, siding, paint, flooring, windows, wallpaper, etc. {Even if the damage is only to one percent of the total area that has to be replaced.} I'm entitled to cosmetic consistency? Here is California code--Section 2695.9. Additional Standards Applicable to Fire and Extended Coverage Type Policies with Replacement Cost Coverage
(a) When a fire and extended coverage insurance policy provides for the adjustment and settlement of first party losses based on replacement cost, the following standards apply:
(1) When a loss requires repair or replacement of an item or part, any consequential physical damage incurred in making the repair or replacement not otherwise excluded by the policy shall be included in the loss. The insured shall not have to pay for depreciation nor any other cost except for the applicable deductible.
(2) When a loss requires replacement of items and the replaced items do not match in quality, color or size, the insurer shall replace all items in the damaged area so as to conform to a reasonably uniform appearance.

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Russell D. Longcore's response:

Yes, the insurance company owes you payment for the ENTIRETY of the matching carpet.

I wrote an article about this topic HERE.

My article is about "pairs and sets" as relating to hailstorms, siding and roofing damage. But continuous carpet throughout a home is considered a "set."

You'll be glad to know that you have at least one court precedent in your favor that you can use. It's in the article.

Go ahead and read that article. Then print the article and show it to your adjuster.

Remember that the "Clear Line of Sight" concept is found NOWHERE in your policy. It is simply the way the insurance companies want to limit claims. However, the "pairs and sets" clause IS in your policy. But you will have to assert your position in order to get paid.

If the insurance company continues to resist, file a complaint with the Department of Insurance.

Fight and win!!