FC&S: Cosmetic Claim Disputes Get Ugly

Monday, November 20th, 2000 Auto Property

The phrase "like kind and quality" is thrown around quite a bit pertaining to the debate and litigation surrounding the use of aftermarket auto repair parts. The phrase’s counterpart in homeowners policies, "like construction," also sparks confusion. The dispute revolves around cosmetic losses—when the repaired or replaced portion of a structure does not match the undamaged portion because the original materials are no longer available. Owners of older homes understand this dilemma well. Homes built prior to 1945 generally used more expert craftsmanship than those produced during the post-war boom. Drywall replaced plaster as the norm and standard dimensions changed, making replacement windows and doors for older homes harder to obtain.

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http://www.nationalunderwriter.com/archives/Pc_archive/2000/P11-20/P200047cosmetic.asp

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