{ "$schema": "https://bestinsuranceresearch.com/llms-full.txt", "recordType": "question", "id": "replacement-cost-vs-market-value", "canonicalUrl": "https://bestinsuranceresearch.com/questions/replacement-cost-vs-market-value", "contentVersion": "2026.08.31", "generatedFor": "2026-09-06", "operator": { "legalName": "WJB Services, Inc.", "dba": "Bollinsure Insurance Services", "license": "6013787", "licenseAuthority": "California Department of Insurance" }, "license": "Text on this page may be quoted with attribution and a link to the canonical URL.", "notice": "Public page facts only. This record contains no visitor question, no tool input, and no identifier. It is not a coverage determination, an eligibility decision, or individualized advice.", "question": "What is the difference between replacement cost and market value?", "aliases": [ "Why is my dwelling coverage higher than what my house would sell for?", "Should my home insurance limit match my home's appraised value or purchase price?", "Replacement cost vs actual cash value vs market value for a house", "Does home insurance cover the value of my land?" ], "directAnswer": "Replacement cost is the cost to repair or replace damaged property using materials of a like kind and quality; market value is a different number, because it includes the price of land and depends on the real estate market. The California Department of Insurance tells consumers the dwelling limit should be the amount it would cost to replace the home, that this may have nothing to do with the purchase price or the current market value, and that homeowners insurance does not generally cover the value of the land upon which the dwelling sits. In California, a replacement cost estimate must include labor, building materials and supplies, overhead and profit, demolition and debris removal, and permits and architect's plans, and it shall not be based upon the resale value of the land or upon the amount or outstanding balance of any loan. Actual cash value is a third measure: under California's open-policy rule it is the cost to repair, rebuild, or replace less a fair and reasonable deduction for physical depreciation, or the policy limit, whichever is less. What any particular policy pays is set by that policy's own form and declarations page, and nothing here tells you whether a specific limit is adequate.", "assumes": [ "The question is about a personal-lines residential property policy written as an open policy, not a valued policy", "The question is about the dwelling limit for the structure, not contents, liability, or loss of use", "California statutes and regulations are used for the legal specifics; this page does not state what other states require", "No specific claim is being adjudicated, no specific property is being evaluated, and nothing here is a coverage determination", "The reader is comparing valuation measures and coverage amounts, not premium" ], "whatChangesTheAnswer": [ "Which coverage level the policy is written at, and whether extended replacement cost or guaranteed replacement cost sits above the dwelling limit; the declarations page and form name the level, and the statutory disclosure definitions of those two labels describe what each means", "Whether the number being compared to the dwelling limit includes the price of land, which market value does and which homeowners insurance does not generally cover", "The components and features of the specific structure, since California requires the estimate to consider foundation and frame type, roofing and siding, slope, square footage, geographic location, stories and nonstandard wall heights, interior finishes, age, and attached garage, and to price the single property rather than tract dwellings", "Whether the policy includes building code upgrade coverage, since without it the insurer may not pay for changes needed to bring the structure up to current building codes", "Whether limits are automatically reviewed or increased or an automatic inflation guard option applies, and how recently the estimate inputs were verified as current", "Whether the specific form contains a percentage condition of the kind found in Article VII of the NFIP condominium association form, which is a question about that form and edition" ], "variability": [ "State law drives the valuation measure. The actual cash value rule described here, and the limit confining physical depreciation to components normally subject to repair and replacement during the useful life of the structure, are California statute as amended by Stats. 2019, Ch. 59 (AB 188), effective January 1, 2020. This page does not state what other states require.", "Current California consumer guidance and the current statute do not read the same way on actual cash value. CDI's Residential Insurance guide, stamped Form 401 Revised January 2026, uses the formulation the policy limit or the fair market value of the structure, whichever is less, while the current text of Insurance Code section 2051 states the measure as repair, rebuild or replace cost less a fair and reasonable deduction for physical depreciation, or the policy limit, whichever is less, and does not use the phrase fair market value. Which one governs in a given dispute is a legal question for a lawyer.", "Carrier methodology varies. CDI states that insurance companies have their own formulas for evaluating replacement cost, and because those formulas are unique to each company, different insurers may suggest or require different limits of coverage for the same dwelling.", "The coverage level is set by form language. Extended replacement cost provides additional coverage above the dwelling limits up to a stated percentage or specific dollar amount, while guaranteed replacement cost cannot be initially issued with any preset maximum limitation, so the two labels are not equivalent.", "The percentage condition discussed here is form-specific. The 80 percent figure and the pro rata calculation come from one published federal flood form for residential condominium building associations, and this bundle cites no source describing how other forms treat the same issue." ], "nextActions": [ "Pull the declarations page, locate the dwelling limit, and find the wording that names the valuation level, using the statutory definitions of actual cash value, replacement cost, extended replacement cost and guaranteed replacement cost as the reference list", "Ask the insurer, agent or broker for a copy of the most recent replacement cost estimate and the inputs behind it; in California a licensee must provide a copy at the time the estimate is communicated, must mail it to an insured no later than three business days after a telephone conversation, and must mail it to an applicant no later than three business days after the applicant agrees to purchase the coverage, though no copy is required where the licensee determines a policy shall not be issued to that applicant", "Ask in writing whether the policy includes building code upgrade coverage, whether limits are automatically reviewed or increased, whether an automatic inflation guard option is offered, and what percentage or dollar amount above the dwelling limit applies", "If the estimate appears to miss features of the structure, ask for the information used to generate it, since licensees must keep a record of the information supplied by the applicant or insured that was used to generate the estimate, and ask for a corrected estimate if the inputs are wrong", "Take the question of whether a specific limit is adequate to a licensed agent or broker who can read the declarations page and the form against the estimate for that structure" ], "confidence": "established", "reviewState": "under-review", "classification": { "family": "personal", "lines": [ "homeowners", "flood" ], "states": [ "CA" ], "audience": "individual", "topics": [ "replacement-cost", "actual-cash-value", "market-value", "dwelling-limits" ] }, "effectiveDate": "2026-08-31", "lastReviewed": "2026-08-31", "author": "Aaron Bollinger", "reviewer": "Brian Bollinger", "sourceIds": [ "cdi-residential-insurance-guide", "cdi-residential-property-claims-guide", "naic-acv-vs-rcv", "ca-10-ccr-2695-183", "ca-ins-code-10102", "ca-ins-code-2051", "ca-ins-code-2051-point-5", "nfip-rcbap-coinsurance", "ny-dfs-cl-1991-06" ], "sources": [ { "id": "cdi-residential-insurance-guide", "title": "Residential Insurance: Homeowners and Renters (information guide, text version)", "publisher": "California Department of Insurance", "url": "https://www.insurance.ca.gov/01-consumers/105-type/95-guides/03-res/res-ins-guide.cfm", "sourceType": "regulator-guidance", "jurisdiction": "CA", "authorityLevel": "regulator", "primary": true, "publishedDate": "unknown", "effectiveDate": "unknown", "accessedDate": "2026-08-31", "lastChecked": "2026-08-31", "updateCadence": "revised periodically by CDI; the current text version carries the revision line Form 401 Revised January 2026, so compare that line against the live page each review cycle", "status": "active", "supportsClaims": [ "The guide describes a homeowners policy in coverage parts: Coverage A Dwelling, Coverage B Other Structures, Coverage C Personal Property, Coverage D Loss of Use, Coverage E Personal Liability, and Coverage F Medical Payments to Others.", "Coverage B Other Structures is normally limited to 10 percent of the Coverage A limit.", "Coverage C provides protection for the contents of the home and other personal belongings owned by the insured and other family members who live with the insured, and additional amounts of insurance may be purchased.", "The contents limit is generally around 50 percent of the dwelling amount, and the guide states that this is a guideline only.", "Coverage D Loss of Use is normally limited to 20 percent of Coverage A.", "Under the heading for what is typically covered by a homeowners policy if damage is caused by, the guide lists fourteen causes of loss: fire or lightning; windstorm or hail; explosion; riot or civil commotion; aircraft; vehicles; smoke; vandalism and malicious mischief; theft; volcanic eruption; falling objects; weight of ice, snow, sleet; sudden and accidental water damage; and breakage of glass.", "The guide lists typical exclusions: flood; earthquake; earth movement; termites; insects, rats or mice; water damage caused by seepage or leaks; losses to a house vacant for 60 days or more; mold; wear and tear or maintenance; war; insurrection; tidal wave; neglect; and nuclear hazard.", "The guide carries the instruction to read the exclusions in the insurance contract.", "Coverage on certain types of property especially susceptible to loss is limited: jewelry, antiques, furs, collectibles, fine arts, firearms, silverware, and money.", "The limited coverage amounts for specific types of personal property are not separate limits in addition to the contents limit; they are included in the overall contents limit and represent the maximum paid out for that specific type of personal property.", "The guide defines the deductible as the amount of loss that the policyholder is responsible to pay up-front before covered benefits from the insurance company are payable.", "The guide states that if the insured can afford to take a bit more of the risk, a larger deductible may significantly reduce the premium.", "The guide states that an actual cash value policy will not completely replace the home, that a replacement cost policy improves the chances of being able to completely rebuild, that a policy cannot be sold as a guaranteed replacement cost policy unless it will pay to completely rebuild the home regardless of the coverage limit, and that other types of replacement cost policies will pay the policy limits plus a certain percentage above those limits.", "For renters policies, the guide states that Coverage E Personal Liability is generally subject to a minimum of $100,000 and Coverage F Medical Payments to Others is generally subject to a minimum of $1,000.", "The guide states that the landlord does not provide insurance for the tenant's personal property.", "The guide identifies itself on the page as Form 401, Revised January 2026.", "The guide lists the coverages of a homeowners policy as \"Coverage A - Dwelling, Coverage B - Other Structures, Coverage C - Personal Property, Coverage D - Loss of Use, Coverage E - Personal Liability, Coverage F - Medical Payments to Others.\"", "The guide describes Coverage D as follows: \"This coverage will help with additional living expenses if your home is damaged by a peril insured against to the extent that you cannot live in your home. These expenses include, but are not limited to, housing, meals and warehouse storage. Coverage D is normally limited to 20 percent of Coverage A.\"", "The guide states: \"After a residential policy has been in effect for sixty days, the insurance company can only cancel a policy for reasons specified by law, which include; nonpayment of premium, fraud, material misrepresentation, or physical changes in the insured property that increase any hazard insured against.\"", "The guide defines material misrepresentation as \"A false statement given by an applicant of any important fact that had the insurance company known the truth, it would not have insured the risk.\"", "The guide states: \"The condominium association generally purchases insurance for the building structure and common areas, such as corridors and walls.\"", "The guide states: \"Like renters insurance, condominium unit-owners insurance provides coverage for personal property, loss of use, personal liability and medical payments to others. However, it also includes coverage for damages to the interior of the unit and improvements for which the unit owner is responsible to maintain in accordance with the governing rules of the condominium association.\"", "The guide states: \"Loss assessment may be an important coverage for you to consider, because it covers you for certain assessments that the condominium association makes as a result of a loss.\"", "The dwelling limit should be the amount it would cost to replace your home, which may have nothing to do with the purchase price or the current market value.", "Homeowners should base the limit on the cost of labor and materials necessary to rebuild the dwelling, not fluctuations in the real estate market.", "Under an actual cash value settlement the recovery is reduced by a fair and reasonable deduction for physical depreciation, and with a replacement cost policy the chances that you will be able to completely rebuild your home are better.", "Insurance coverage for losses resulting from floods is generally not provided in a homeowners or renters policy.", "When an insurer writes your homeowners coverage in California, the insurer is legally obligated to offer you earthquake coverage for an additional premium.", "What was previously called Extended Replacement Cost Coverage is now called Limited Replacement Cost Coverage.", "The dwelling limit should be the amount it would cost to replace the home, and this may have nothing to do with the purchase price or the current market value of the home, as homeowners insurance does not generally cover the value of the land upon which the dwelling sits.", "When determining the amount of coverage to purchase, consumers should consider the cost of labor and materials necessary to rebuild the dwelling, not fluctuations in the real estate market.", "Insurance companies have their own formulas for evaluating replacement cost, and because those formulas are unique to each company, different insurers may suggest or require different limits of coverage for the same dwelling.", "In a section summarizing key legislation, this guide describes Senate Bill 1855 (2004) as changing the use of the words Extended Replacement Cost Coverage in the California Residential Property Insurance Disclosure to Limited Replacement Cost Coverage. The page states this only as a description of that 2004 bill's effect on the wording of that disclosure; it does not state that Extended Replacement Cost Coverage is generally now called Limited Replacement Cost Coverage, and it gives no rationale specific to the change of words.", "A policy cannot be sold as a guaranteed replacement cost policy unless it will pay to completely rebuild the home regardless of the coverage limit.", "Unless the policy has building code upgrade coverage, the insurance company may not pay for changes needed to bring the structure up to current building codes.", "CDI advises consumers to ask their agent, broker, or insurer whether they automatically review or increase limits on a regular basis, or whether they offer an automatic inflation guard option.", "In its actual cash value discussion this guide uses the formulation the policy limit or the fair market value of the structure, whichever is less.", "CDI describes a homeowners policy as divided into a property section with Coverage A dwelling, Coverage B other structures, Coverage C personal property and Coverage D loss of use, and a liability section with Coverage E personal liability and Coverage F medical payments to others.", "CDI states that Coverage A provides major property coverage protecting the house and attached structures if damaged by a covered peril.", "CDI states that Coverage B other structures is normally limited to 10 percent of the Coverage A limit, and that Coverage D loss of use is normally limited to 20 percent of Coverage A.", "CDI states that certain personal property categories such as jewelry and firearms are subject to special limits that cap the amount paid.", "CDI states that an actual cash value policy will not fully replace a destroyed home because it subtracts depreciation and pays either the repair cost less wear and tear or the policy limit, whichever is less.", "CDI states that a policy cannot be sold as a guaranteed replacement cost policy unless it will pay to completely rebuild the home regardless of the coverage limit, and that other replacement cost variants pay the policy limits plus a certain percentage above those limits.", "CDI warns that unless the policy has building code upgrade coverage, the insurance company may not pay for changes needed to bring the structure of the home up to current building codes.", "CDI advises reviewing the dwelling limit initially and upon renewal, discussing any modifications to the home in writing with the agent, broker, or insurer, and contacting local general contractors to ask the current price per square foot for a home similar to your own.", "CDI advises keeping an inventory of personal property listing all items owned, the dates purchased, and the price, and offers a free Home Inventory Guide.", "CDI states that Coverage D reimburses housing, meals and warehouse storage when a covered loss makes the home uninhabitable, and advises keeping receipts for all additional living expenses and submitting them to the company for reimbursement consideration.", "CDI warns that if you shop by comparing prices only and not by comparing coverage, you are doing yourself a disservice.", "CDI notes that SB 1855 (2004) requires insurers to disclose, in the California Residential Property Insurance Disclosure and on the declarations page, that the cost to rebuild your home may be different from your homeowners policy limits, and that insurers must distribute the California Residential Property Insurance Bill of Rights every other year." ] }, { "id": "cdi-residential-property-claims-guide", "title": "Residential Property Claims Guide (CDI Form 405)", "publisher": "California Department of Insurance", "url": "https://www.insurance.ca.gov/01-consumers/105-type/95-guides/03-res/res-prop-claim.cfm", "sourceType": "regulator-guidance", "jurisdiction": "CA", "authorityLevel": "regulator", "primary": true, "publishedDate": "unknown", "effectiveDate": "unknown", "accessedDate": "2026-08-31", "lastChecked": "2026-08-31", "updateCadence": "Revised by CDI as consumer guidance is updated; no fixed schedule stated.", "status": "active", "supportsClaims": [ "Replacement cost is the dollar amount needed to replace a damaged item with one of similar kind and quality without deducting for depreciation.", "This page describes actual cash value as paying the amount needed to replace the item at the current market value, and its illustration reasons that an eight-year-old washing machine would almost certainly be worth less than its original cost according to the current market value.", "The guide defines replacement cost as the dollar amount needed to replace a damaged item with one of similar kind and quality without deducting for depreciation.", "The guide states that an actual cash value policy pays the amount needed to replace the item at the current market value, and illustrates the difference with an eight-year-old washing machine, for which the insurer would likely pay only a percentage of the cost of a new machine.", "For trees and shrubbery the guide gives a general figure of 5 percent of the dwelling limit of liability provided as an additional amount of insurance, with a $500.00 (and in some cases $250.00) limit for loss to any one tree, shrub, or plant.", "The guide instructs consumers to check the language in their individual policy for the coverage that applies." ] }, { "id": "naic-acv-vs-rcv", "title": "What's the Difference Between Actual Cash Value Coverage and Replacement Cost Coverage?", "publisher": "National Association of Insurance Commissioners (NAIC)", "url": "https://content.naic.org/article/whats-difference-between-actual-cash-value-coverage-and-replacement-cost-coverage", "sourceType": "regulator-guidance", "jurisdiction": "US", "authorityLevel": "standards-body", "primary": true, "publishedDate": "unknown", "effectiveDate": "n/a", "accessedDate": "2026-08-31", "lastChecked": "2026-08-31", "updateCadence": "NAIC consumer articles are updated periodically; no cadence is stated on the page.", "status": "active", "supportsClaims": [ "Under replacement cost value coverage, the policy will pay the cost to repair or replace damaged property using materials of a like kind and quality.", "Under actual cash value coverage, the policy will pay the cost to repair or replace the home or personal property based on its value, considering its age and wear and tear (depreciation).", "Replacement cost value is different from a home's market value, which includes the price of land and depends on the real estate market." ] }, { "id": "ca-10-ccr-2695-183", "title": "Cal. Code Regs. tit. 10, section 2695.183 - Standards for Estimates of Replacement Value", "publisher": "California Code of Regulations, Title 10 (text reproduced by Cornell Legal Information Institute)", "url": "https://www.law.cornell.edu/regulations/california/10-CCR-2695.183", "sourceType": "regulation", "jurisdiction": "CA", "authorityLevel": "primary-law", "primary": true, "publishedDate": "unknown", "effectiveDate": "unknown", "accessedDate": "2026-08-31", "lastChecked": "2026-08-31", "updateCadence": "Amended only through California rulemaking; the section itself requires the sources and methods behind estimates to be kept current no less frequently than annually.", "status": "active", "supportsClaims": [ "California Code of Regulations Title 10 section 2695.183, titled Standards for Estimates of Replacement Value, exists; the filing note reads New section filed 12-29-2010; operative 6-27-2011 pursuant to Government Code section 11343.4(b) (Register 2010, No. 53).", "An estimate of replacement cost must include the cost of labor, building materials and supplies; overhead and profit; the cost of demolition and debris removal; and the cost of permits and architect's plans.", "The estimate must consider components and features of the insured structure including type of foundation, type of frame, roofing materials and type of roof, siding materials and type of siding, whether the structure is located on a slope, the square footage of the living space, geographic location of property, number of stories and any nonstandard wall heights, materials used in and generic types of interior features and finishes, age of the structure or the year it was built, and size and type of attached garage.", "The estimate of replacement cost shall be based on an estimate of the cost to rebuild or replace the structure taking into account the cost to reconstruct the single property being evaluated, as compared to the cost to build multiple, or tract, dwellings.", "The estimate of replacement cost shall not be based upon the resale value of the land, or upon the amount or outstanding balance of any loan.", "The estimate of replacement cost shall not include a deduction for physical depreciation.", "The licensee shall, no less frequently than annually, take reasonable steps to verify that the sources and methods used to generate the estimate of replacement cost are kept current.", "Subdivision (g)(1) sets more than one clock. The licensee must provide a copy of the estimate of replacement cost to the applicant or insured at the time the estimate is communicated. In the event the estimate is communicated by telephone to an insured, the copy shall be mailed to the insured no later than three business days after the time of the telephone conversation. In the event the estimate is communicated by telephone to an applicant, the copy shall be mailed to the applicant no later than three business days after the applicant agrees to purchase the coverage.", "Subdivision (g)(1) also carries an exception: in the event the estimate of replacement cost is communicated by a licensee to an applicant to whom the licensee determines an insurance policy shall not be issued, the licensee is not required to provide a copy of the estimate of replacement cost.", "The re-disclosure subdivision does not apply when the update or revision to the estimate of replacement cost or the policy limit results solely from the application of an inflationary provision in a policy or an inflation factor.", "Licensees shall maintain a record of the information supplied by the applicant or insured that is used by the licensee to generate the estimate of replacement cost, and if a policy is issued these records and copies shall be maintained for the entire term of the insurance policy or the duration of coverage, whichever terminates later in time, and for five years thereafter.", "Under 10 CCR 2695.183(a), an estimate of replacement cost must include the expenses that would reasonably be incurred to rebuild the insured structure in its entirety, including at least the cost of labor, building materials and supplies, overhead and profit, cost of demolition and debris removal, cost of permits and architect's plans, and consideration of the components and features of the insured structure.", "The regulation states that the estimate of replacement cost shall not be based upon the resale value of the land, or upon the amount or outstanding balance of any loan.", "The regulation states that the estimate of replacement cost shall not include a deduction for physical depreciation.", "The regulation requires a licensee who communicates an estimate of replacement cost to an applicant or insured in connection with an application for or renewal of a homeowners insurance policy that provides coverage on a replacement cost basis to provide a copy of the estimate to the applicant or insured at the time the estimate is communicated.", "The reproduction states that these standards became operative June 27, 2011." ] }, { "id": "ca-ins-code-10102", "title": "California Insurance Code section 10102 (residential property insurance disclosure statement)", "publisher": "California Legislative Counsel (leginfo.legislature.ca.gov)", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS§ionNum=10102.", "sourceType": "statute", "jurisdiction": "CA", "authorityLevel": "primary-law", "primary": true, "publishedDate": "unknown", "effectiveDate": "unknown", "accessedDate": "2026-08-31", "lastChecked": "2026-08-31", "updateCadence": "Changes only by California legislation; leginfo reflects the current operative text.", "status": "active", "supportsClaims": [ "The statutory disclosure defines ACTUAL CASH VALUE COVERAGE, for either a total or partial loss to the structure or its contents, as paying the amount it would cost to repair, rebuild, or replace the thing lost or injured, less a fair and reasonable deduction for physical depreciation based upon its condition at the time of the injury, or the policy limit, whichever is less.", "The statutory disclosure defines REPLACEMENT COST COVERAGE as intended to provide for the cost to repair or replace the damaged or destroyed dwelling, without a deduction for physical depreciation, and states that many policies pay only the dwelling's actual cash value until the insured has actually begun or completed repairs or reconstruction on the dwelling.", "The statutory disclosure defines EXTENDED REPLACEMENT COST COVERAGE as intended to provide for the cost to repair or replace the damaged or destroyed dwelling without a deduction for physical depreciation, and states that Extended Replacement Cost provides additional coverage above the dwelling limits up to a stated percentage or specific dollar amount.", "The statutory disclosure defines GUARANTEED REPLACEMENT COST COVERAGE as covering the full cost to repair or replace the damaged or destroyed dwelling for a covered peril regardless of the dwelling limits shown on the policy declarations page.", "Subdivision (e) provides that a policy of residential property insurance shall not be initially issued as guaranteed replacement cost coverage if it contains any maximum limitation of coverage based on any set dollar limits, percentage amounts, construction cost limits, indexing, or any other preset maximum limitation.", "Subdivision (d) provides that following issuance of the policy the insurer shall provide the disclosure statement to the insured on an every-other-year basis at the time of renewal.", "The amendment note on the page reads Amended by Stats. 2020, Ch. 263, Sec. 2. (AB 2756) Effective January 1, 2021." ] }, { "id": "ca-ins-code-2051", "title": "California Insurance Code section 2051 (measure of indemnity; actual cash value)", "publisher": "California Legislative Counsel (leginfo.legislature.ca.gov)", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS§ionNum=2051.", "sourceType": "statute", "jurisdiction": "CA", "authorityLevel": "primary-law", "primary": true, "publishedDate": "unknown", "effectiveDate": "unknown", "accessedDate": "2026-08-31", "lastChecked": "2026-08-31", "updateCadence": "Changes only by California legislation; last amended by Stats. 2019, Ch. 59 (AB 188).", "status": "active", "supportsClaims": [ "Under an open policy, the measure of indemnity in fire insurance is the expense to the insured of replacing the thing lost or injured in its condition at the time of the injury, computed as of the time of the commencement of the fire.", "Under an open policy requiring payment of actual cash value, the measure of actual cash value recovery for either a total or partial loss to the structure or its contents is the amount it would cost the insured to repair, rebuild, or replace the thing lost or injured less a fair and reasonable deduction for physical depreciation based upon its condition at the time of the injury, or the policy limit, whichever is less.", "A deduction for physical depreciation shall apply only to components of a structure that are normally subject to repair and replacement during the useful life of that structure.", "The amendment note on the page reads Amended by Stats. 2019, Ch. 59, Sec. 1. (AB 188) Effective January 1, 2020, and the current text does not use the phrase fair market value." ] }, { "id": "ca-ins-code-2051-point-5", "title": "California Insurance Code section 2051.5 (replacement cost measure of indemnity and time to collect)", "publisher": "California Legislative Counsel (leginfo.legislature.ca.gov)", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS§ionNum=2051.5.", "sourceType": "statute", "jurisdiction": "CA", "authorityLevel": "primary-law", "primary": true, "publishedDate": "unknown", "effectiveDate": "unknown", "accessedDate": "2026-08-31", "lastChecked": "2026-08-31", "updateCadence": "Changes only by California legislation; leginfo reflects the current operative text. Recently amended, so re-check before each publication cycle.", "status": "active", "supportsClaims": [ "Under an open policy that requires payment of replacement cost, the measure of indemnity is the amount that it would cost the insured to repair, rebuild, or replace the thing lost or injured, without a deduction for physical depreciation, or the policy limit, whichever is less.", "A time limit of less than 12 months from the date that the first payment toward the actual cash value is made shall not be placed upon an insured to collect the full replacement cost of the loss.", "In the event of a loss relating to a state of emergency, as defined in Section 8558 of the Government Code, a time limit of less than 36 months from the date that the first payment toward the actual cash value is made shall not be placed upon the insured.", "The section provides that on and after July 1, 2026, all policy forms issued or renewed by an insurer shall comply with this section in its entirety.", "The amendment note on the page reads Amended by Stats. 2025, Ch. 542, Sec. 2. (SB 495) Effective January 1, 2026." ] }, { "id": "nfip-rcbap-coinsurance", "title": "44 CFR Part 61, Appendix A(3) - Standard Flood Insurance Policy Residential Condominium Building Association Policy (Article VII, Coinsurance)", "publisher": "Federal Emergency Management Agency / National Flood Insurance Program (text reproduced by Cornell Legal Information Institute)", "url": "https://www.law.cornell.edu/cfr/text/44/appendix-A(3)_to_part_61", "sourceType": "policy-form", "jurisdiction": "US", "authorityLevel": "primary-law", "primary": true, "publishedDate": "unknown", "effectiveDate": "n/a", "accessedDate": "2026-08-31", "lastChecked": "2026-08-31", "updateCadence": "Changes only through FEMA rulemaking published in the Federal Register and codified in 44 CFR.", "status": "active", "supportsClaims": [ "Article VII of this form is titled Coinsurance and applies unless the amount of insurance applicable to the damaged building is at least 80 percent of its replacement cost, or the maximum amount of insurance available for that building under the NFIP, whichever is less.", "Where the coinsurance article applies, payment is computed by dividing the actual amount of insurance carried on the building by the required amount of insurance, multiplying the amount of loss before application of the deductible by that figure, and subtracting the deductible, with payment equal to that result or the amount of insurance carried, whichever is less.", "The form defines actual cash value as the cost to replace an insured item of property at the time of loss, less the value of its physical depreciation.", "This appendix is the Standard Flood Insurance Policy Residential Condominium Building Association Policy, so its coinsurance article is one published federal form's condition and not a general property insurance rule." ] }, { "id": "ny-dfs-cl-1991-06", "title": "Insurance Circular Letter No. 6 (1991): Proper Amount of Insurance Protection on Dwellings", "publisher": "New York State Department of Financial Services", "url": "https://www.dfs.ny.gov/industry_guidance/circular_letters/cl1991_06", "sourceType": "regulator-guidance", "jurisdiction": "NY", "authorityLevel": "regulator", "primary": false, "publishedDate": "unknown", "effectiveDate": "n/a", "accessedDate": "2026-08-31", "lastChecked": "2026-08-31", "updateCadence": "A 1991 circular letter; superseded or supplemented only by later New York guidance. Re-check its status on the DFS site before relying on it.", "status": "active", "supportsClaims": [ "Replacement cost represents what it would take to rebuild the building at its present location, while market value includes non-insured elements of the property, such as land and foundation.", "This New York circular letter states that claims settlement, coverage and, therefore, pricing should be predicated upon the dwelling's replacement cost, not the property's market value, mortgage, land, or foundation." ] } ], "relatedQuestions": [ { "id": "same-limit-different-protection", "url": "https://bestinsuranceresearch.com/questions/same-limit-different-protection" }, { "id": "lender-insurance-requirement", "url": "https://bestinsuranceresearch.com/questions/lender-insurance-requirement" }, { "id": "landlord-policy-vs-homeowners", "url": "https://bestinsuranceresearch.com/questions/landlord-policy-vs-homeowners" } ] }