Q: Can you explain the difference between a “valued policy” state and one that is not? Does this apply to both personal and commercial lines policies? Is it specific to named or special form perils, or to certain types of policies?
A: In the most general terms, valued policy laws require an insurer to pay the face amount of the policy in the event of a total loss to a structure. In these situations, it does not matter whether the replacement cost is lower than the face amount.
There are also "modified valued policy” states that require an insurer to refund the premium for any additional amount of coverage over the replacement cost. However, the carrier doesn't have to pay any more than the replacement cost or actual cash value, depending on the settlement option in play.
Each valued policy state applies the law differently. Some states limit their laws to residential properties; some extend to all property types. Some states limit the causes of loss to which the statue applies—most commonly, fire only. Consult your state's law for specifics.
Here is some information that may help:
State
Statute
Property Protected
Causes of Loss
Arkansas
23-88-101
All real property
Fire and natural disasters, excluding flood and quake
California
2052, 53, 54, 55, 56, 58 and 75
Buildings
All perils covered by the property policy
Florida
627.702
Any building, including mobile and manufactured homes
Georgia
33-32-5
One or two family residential buildings
Fire
Kansas
40-905
All improvements on real property
Fire, tornado, wind, lightning
Louisiana
22:1318
Inanimate or immovable property
Minnesota
65A.08
All property
All perils covered by the policy
Mississippi
83-13-5
Missouri
379.140; 145
Montana
33-24-102 and 103
Improvements to real property
Nebraska
44-501.02
Real property
Fire, tornado, wind, lightning, explosion
New Hampshire
407:11
Fire and lightning
North Dakota
26.1-39-05
Ohio
3929.25
Any building
South Carolina
38-75-20
South Dakota
58-10-10
Fire, lightning, and tornado
Tennessee
56-7-801 to 803
Texas
862.053
West Virginia
33-17-9
Wisconsin
632.05(2)
Owner-occupied dwellings
Chris Boggs is executive director of the Big “I” Virtual University (VU).
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