Recoverable Depreciation: RCV and ACV Policies Explained

Understanding your insurance policy can be daunting, especially when faced with complex terms like “recoverable depreciation.” For numerous policyholders, this idea might seem unfamiliar. Yet, it’s crucial for both Replacement Cost Value (RCV) and Actual Cash Value (ACV) policies. In this guide, we’ll cover recoverable depreciation, differentiate RCV from ACV, clarify payment timing for recoverable depreciation, and share key info every policyholder should grasp about it.

What is Recoverable Depreciation?

This term is often overlooked but vital in the insurance claim process. To fully understand this concept, let’s break down what it entails: Recoverable Depreciation refers to the difference between the Replacement Cost Value and the Actual Cash Value of a damaged item. The policyholder can “recover” the insurance carrier’s withheld amount after documenting repairs. Certain policies don’t pay non-recoverable depreciation to the policyholder. Understanding whether your policy includes recoverable or non-recoverable depreciation is vital when filing a claim.

Calculating Recoverable Depreciation

Understanding how to calculate Recoverable Depreciation can help policyholders gain insight into the amount they can reclaim.

  1. Determine the Replacement Cost Value (RCV): This is the total cost of replacing or restoring the damage with a similar quality and type. A licensed and experienced public adjuster, estimator or contractor are all professionals that can determine the replacement cost value of damage to your property based on current costs of labor and materials.
  2. Find the Recoverable Depreciation: The Recoverable Depreciation is the difference between the RCV and ACV. Traditionally, depreciation is calculated based on the item or the product’s useful life. For example, say you purchase a washer & dryer for $2,100 with an estimated useful life of 15 years. By dividing the total cost at the time of purchase ($2,100) by the estimated lifespan (15 years), it would determine the washer & dryer to depreciate by $140 each year. Therefore, if after 5 years the laundry units ACV would be $1,400 (5 years x $140 = $700 in depreciation over five years. The initial purchase price $2,100 minus the $700 in depreciation = $1,400). However, this is just a very general example. When it comes to property damage and filing an insurance claim, each insurance carrier, circumstance, and loss are unique, and the calculation of depreciation may vary.
  3. Calculate the Actual Cash Value (ACV): This involves determining the RCV and then subtracting the depreciation based on age, wear and tear, or other factors. Thus, Actual Cash Value (ACV) = Replacement Cost Value (RCV) – Depreciation.

Impact of Inflation

Inflation is an often-overlooked factor that can significantly impact Recoverable Depreciation. As the general price level of goods and services rises over time, the cost of replacing or repairing damaged property can also increase. This inflationary effect results in the Replacement Cost Value (RCV) of an item being potentially higher today than when the policy was purchased or just a few years ago. Therefore, if we calculate Recoverable Depreciation using outdated cost estimates, it might not accurately represent today’s market’s actual replacement cost. Policyholders should be aware of this dynamic and consider working with insurance professionals who actively monitor inflation trends and update valuations accordingly. Understanding and accounting for inflation in the calculation of Recoverable Depreciation ensures a more accurate and fair settlement, aligning the claim payout with the real-world costs of repair or replacement.

RCV vs. ACV: What’s the Difference?

Replacement Cost Value (RCV)

Replacement Cost Value (RCV) policies cover the cost of replacing damaged or lost property without deducting depreciation. In other words, if an item is destroyed, the insurance company pays the cost to replace it with a brand-new item of like kind and quality.

    1. Pros: Can fully cover the costs of replacing or repairing damaged property.
    2. Cons: Typically comes with a higher premium.

Actual Cash Value (ACV)

Actual Cash Value (ACV) policies, on the other hand, take into account depreciation. The insurance company will pay for the cost to replace the item, minus a deduction for the wear and tear or aging of the item. Essentially, ACV pays for what the item was worth at the time of the loss.

    1. Pros: Generally offers lower premiums.
    2. Cons: May result in out-of-pocket expenses if the depreciated value doesn’t cover the full replacement cost.

When Does the Policyholder Receive Payment for Recoverable Depreciation?

  1. Initial Payout: After a claim is approved, the insurance carrier usually pays the ACV first, holding back the recoverable depreciation.
  2. Final Payout: Insurance companies generally pay recoverable depreciation after completing repairs or replacements and providing proper documentation.

Factors Affecting Payment

The quality of repairs, the timeliness of completion, and compliance with policy terms.

How to Claim Recoverable Depreciation

Policyholders with a Replacement Cost Value (RCV) policy must actively reclaim recoverable depreciation. This process involves carefully following a series of coordinated steps to ensure they receive the full entitled amount. This process is not just about understanding the numbers but also knowing how to navigate the insurance claim procedures and documentation requirements. Below are the general steps to reclaim recoverable depreciation; however, if you’re unsure of the requirements within your policy to reclaim recoverable depreciation, get your policy reviewed by our team of legal experts.

  1. Complete Repairs: Work with a licensed contractor to ensure quality repairs.
  2. Submit Documentation: Provide invoices and other necessary documents to your insurance company.
  3. Follow-up: Regularly check with the insurance carrier to ensure the process is on track.
  4. Consult Professionals if Needed: If issues arise, consider seeking professional help.

The Importance of Recoverable Depreciation for Policyholders and Insurance Carriers

Recoverable depreciation is more than just an insurance term; it’s a critical component that directly impacts a policyholder’s claim payout. Understanding this aspect is crucial for policyholders, ensuring a fair settlement that matches repair or replacement costs. Meanwhile, insurance carriers employ recoverable depreciation to align claim payments with real-world expenses and prevent overpayment.

Why Does It Matter to Policyholders?

    1. Financial Planning: Helps understand potential out-of-pocket costs.
    2. Claim Recovery: Knowing how to claim recoverable depreciation ensures that policyholders receive what they’re entitled to.
    3. Informed Decision Making: Helps in selecting the right insurance policy that suits individual needs.

Why Do Insurance Carriers Use It?

    1. Prevents Overpayment: By paying only the ACV initially, insurers avoid overpayment if policyholders opt not to repair or replace the damaged item.
    2. Encourages Proper Restoration: Recoverable Depreciation motivates policyholders to complete repairs or replacements to reclaim the withheld depreciation.
    3. Aligns with Actual Costs: It ensures that payments align with actual costs, providing a fair system for both parties.

Common Misconceptions

    1. It’s Automatically Paid: Some policyholders mistakenly believe it receives an automatic payout without fully understanding the conditions.
    2. No Time Limit: There might be time constraints that require completing repairs within a specific period.
    3. All Policies Include It: Not all policies include recoverable depreciation; it depends on the type of policy and insurer.

Recoverable depreciation is more than just an insurance jargon; it’s an essential part of many insurance policies that can have significant financial implications. Whether you hold an RCV or ACV policy, comprehending the operation of recoverable depreciation and its payment timing can empower you to navigate the intricate insurance landscape with confidence. Gaining awareness enables you to make well-informed choices tailored to your unique circumstances and to secure the entitlements you deserve. Always consult with an insurance professional to understand your unique circumstances fully.

Spot Repairs Initially Approved for Historic Building: Restored with $1.3M Settlement

Rivermont Collegiate

Bettendorf, Iowa
Hail & Water Damage
May 2021


Nearly a year after a devastating hail storm, the building began to show alarming signs of water damage through the roof. Although still within the timeframe to file a claim, the insurance carrier was resistant, approving only minimal spot repairs that fell below the deductible amount. To counter this, we enlisted experts from the tile company to provide irrefutable forensic evidence, confirming that the damage occurred within the claim window. Moreover, our team successfully negotiated for a complete roof replacement, ensuring the historic building was restored while preserving its invaluable significance.


Insurance Carrier Offer: Only Spot Repairs

Premier Claims Settlement: $1,264,000

 

 

Insurance Carrier Denial Turned into a $1.16M Final Settlement

Confidential Religious Center

Orlando, Florida
Hail Damage
April 2021


From the start, our team uncovered undeniable evidence of hail damage to the 1,020-square metal roof. In an attempt to stall the process, the insurance carrier issued a ‘reservation of rights’ letter, suggesting the claim might not be sufficiently covered by the policy. They also sent an engineer and their own adjuster for further evaluation. To counter this delay tactic, we conducted a thorough legal review of the policy to confirm coverage and compiled a comprehensive estimate based on our investigations. Despite an ACV policy with endorsements, we successfully negotiated a final settlement of $1,162,000 for a complete roof replacement. After the settlement, and considering the property’s age, we advised the policyholder on upgrading to an RCV policy for more comprehensive future coverage.


Insurance Carrier Offer: Stated No Coverage Available

Premier Claims Settlement: $1,162,000

 

 

From Only Minor Spot Repairs Approved to $912k Settlement

Deshler Public Schools 

Deshler, Nebraska
Hail Damage
April 2021


At first, the insurance carrier approved only minor spot repairs for the flat part of the roof, amounting to a mere $993. The policyholder felt this was insufficient and reached out to us for assistance. Upon investigating, we discovered hail damage on the flat portion of the roof from an earlier date, as well as a separate incident that accounted for the damage to the metal portion of the roof. Armer with this new evidence, we filed two distinct claims. The result? A staggering final settlement of $912,000 for the policyholder.


Insurance Carrier Offer: Spot Repairs Totaling $993

Premier Claims Settlement: $912,000

 

 

 

Overturned Insurance Carrier’s Decision in Less Than 4 Months with 7,664% Increase in Settlement

DC Warehouse

Marshalltown, Iowa
Hail, Wind & Water Damage
August 2020


In August 2020, a derecho—a fast-moving cluster of severe thunderstorms capable of tornadic winds, heavy rains, and flash floods—devastated the Midwest. Despite the extensive damage to the building, the insurance carrier was offering a significantly underpaid settlement. That’s when our team stepped in to champion the policyholder’s cause. In less than 4 months, we successfully overturned the insurance carrier’s initial decision, securing a 7,664% increase in settlement that fully restored the building. Furthermore, we advised the policyholder on how to enhance their insurance plan to better safeguard against future incidents. 


Insurance Carrier Offer: $14,000

Premier Claims Settlement: $1,087,000

 

 

Riot and Civil Commotion Coverage for Commercial and Residential Properties

“Riot or Civil Commotion coverage” is commonly found in residential and commercial property insurance policies. There has been a lot of uncertainty amongst business owners that have suffered property losses due to the riots in the past few days. Hopefully the following will clarify some of those concerns.

These perils cause physical damage to the buildings, personal property damage, generate large expenses, and income losses. Riot, civil commotion, and vandalism are covered perils under virtually all commercial property policies. They are covered causes of loss generally found under “specific perils” within an “all risk” policy. Unless riot, civil commotion, or vandalism are specifically excluded in the policy, these damages should be covered.

Perils Defined:

Most property policies do not actually define riot, civil commotion, or vandalism. However, the legal definition of riot can vary. The term typically means a public disturbance involving an act of violence committed by one or more individuals who are part of a group of at least three people. To constitute a riot, the individuals must act together to commit (or threaten to commit) violent acts against other people or property.

A civil commotion is similar to a riot but involves more people. It is a revolt by a large gathering of people in a public place. Riot and civil commotion can be difficult to differentiate so the perils are often listed together. Vandalism refers to the intentional destruction of another’s party’s property.

How the Courts Define the Perils:

In Blackledge v. Omega Insurance Company, four elements were necessary for a riot or civil commotion to exist: (1) Unlawful assembly of three or more people, (2) acts of violence, (3) intent to mutually assist against lawful authority and (4) public terror.

The case of Insurance Co. Of North America v. Rosenberg et al., a riot was defined as the “gathering of three or more persons” with the “common purpose” to do “an un/lawful act [with the intent to use] force or violence.”

In Pan American World Airways, Inc v Aetna Casualty & Surety Co. , the court compared the terms riot and civil commotion,

“The local nature of the perils of “riot” or “civil commotion” imparts occasional local or temporary outbreaks of unlawful violence.”

“Riots and civil commotion are purely ‘domestic disturbances.’”

They are “essentially a kind of domestic disturbance…such as occur among fellow citizens or within the limits of one community.”

In order for a disturbance to qualify as a civil commotion, “the agents causing the disorder must gather together and cause disturbance and tumult.””

General Policy Language:

Modern policies generally include the following as named or specified perils. Specified causes of loss will also have the same perils listed. All of which include riot, civil commotion, and vandalism as a covered loss.

Named Perils: fire, lightning, wind, hail, explosion, smoke, impact from aircraft and vehicles, objects falling from aircraft, strike, riot, civil commotion, vandalism, theft, attempted theft, sprinkler leakage or collapse of buildings.

“Specified Perils” or “Specified Causes of Loss” means aircraft; civil commotion; explosion; falling objects; fire; hail; leakage from fire extinguishing equipment; lightning; riot; “sinkhole collapse”; “Volcanic action”; water damage; weight of ice, snow, or sleet; and windstorm.

In most policies the damages sustained by these actions of riots or civil commotion are generally covered, however there are some policies will not fall within the majority. The easiest way to ensure that your claim is built for the best possible outcome is to refer your policy to a competent insurance professional to determine coverage for property damage or business interruption.  As a courtesy Premier Claims offers free policy reviews, if you are concerned about your policy please reach out to us for your free review.

Sources:
10A Couch on Ins. § 152:6; Pan American World Airways, Inc. v. Aetna Casualty & Surety Co., 505 F.2d 989, 1019-20 (2d Cir. 1974).
Ins. Co. of N. Am. v. Rosenberg, 25 F.2d 635, 636 (2d Cir. 1928).
Blackledge v. Omega Ins. Co., 740 So.2d 295 (Miss. 1999).
https://www.thebalancesmb.com/property-coverage-for-riots-462690
https://www.propertyinsurancecoveragelaw.com/2014/11/articles/commercial-insurance-claims/riot-or-civil-commotion-coverage/

 

Building Codes Policy Coverage

In the insurance world, there’s often a gap between policyholders’ expectations and what insurance carriers actually cover. This gap can arise from a lack of knowledge about local building codes, leading to missed items or omissions in insurance claims. Contractors may unwittingly find themselves performing uncompensated work, either due to not requesting payment for specific items or lacking awareness of allowable expenses.

Understanding Ordinance or Law Coverage

Ordinance or Law Coverage stands as a pivotal component within insurance policies, particularly when building regulations influence reimbursements for construction and repairs. The Insurance Information Institute informed policyholders that “building codes are updated periodically and may have changed significantly since a home was built. In the event of damage, a policyholder may be required to rebuild their home to the new code’s standards.” Homeowners’ policies usually include limited building ordinance coverage, which can be extended through an endorsement. This coverage requires carriers to approve repairs following local building codes, compelling contractors to address often-excluded elements like ice and water shields, drip edges, house wraps, and flashings.

Research and Communication

Empowerment lies at the heart of effective insurance claims management. This begins by investing time in comprehending local building codes and manufacturer specifications, coupled with proactive engagement with Building Inspectors. Armed with such knowledge, policyholders gain a more authoritative position when negotiating with insurance carriers. This ultimately ensures equitable compensation for essential repairs, transforming potential challenges into opportunities for a fair resolution.

Navigating Your Policy’s Stance on Ordinance or Law Coverage

One of the most prudent steps policyholders can take is a comprehensive review of their current policy to determine whether Ordinance or Law coverage is included. Overlooking this coverage could lead to unforeseen out-of-pocket expenses or suboptimal repairs that fall short of complete replacement. To locate this part of your policy coverage, “review your declarations page and the policy fine print.  Not all policies list code upgrade coverage in the same way,” as advised by United Policyholders. If your policy lacks this coverage, our Premier Claims team is here to guide you toward incorporating it. We understand the significance of such coverage and its role in safeguarding your interests.

Seeking Assistance with Denied or Underpaid Claims

Navigating insurance claims can sometimes be a complex journey, especially when they’re denied due to local codes. It’s in these moments that policyholders need a steadfast partner. At Premier Claims, we stand ready to assist, armed with adept knowledge, empathy, and professionalism. Our commitment is to guide you through the claims process, ensuring that you receive the rightful compensation you deserve. Facing denied claims due to local codes is not a solitary battle when you have Premier Claims by your side.

In the realm of property insurance claims, knowledge is indeed power. Premier Claims’ dedication to education and assistance reflects our commitment to fostering a more informed policyholder community. By unveiling the intricacies of building codes and insurance coverage, we aim to empower you to navigate claims with confidence. Let our expertise serve as your beacon, ensuring that you not only understand but also assert your rights within the insurance landscape. Connect with us today to embark on a journey of knowledge, empowerment, and fair claims resolution.

 

The Stock Market Trend and How it Affects Insurance Claim Payments

The Coronavirus has significantly affected the stock market, leading to a sharp and rapid decline in average returns. The forecast indicates further deterioration before any improvement. Given the indefinite duration of the pandemic, the market is likely to continue its decline, contributing to a global economic recession expected to be fully established by the end of 2020. In this article, I’ll discuss how the stock market trend impacts insurance claim payments.

S&P 500 2020 Average Annual Return to Date: -17.55%

NASDAQ 2020 Average Annual Return to Date: -11.81%

Dow Jones 2020 Average Annual Return to Date: -20.53%

According to Marco Trends the market has an average annual return rate of -16.63%, compared to a 11.08-15.4% average return in the previous decade within the same indexes. And while the current rate of return for these markets has stabilized, somewhat – according to Market Watch, the current average rate for the three indexes is 1.05%, and it will take the market some time to recover.

Forecasters predict a further drop in stock market returns by the end of Q2 and the beginning of Q3, which is causing concern. Analyst Charles Dumas suggests that we should regard the notion of the economy rebounding swiftly once the pandemic subsides as unlikely and counterintuitive. This perspective rests on the reality of more than 700,000 jobs lost solely in the United States.

Stock Market impact to insurance and property claims

A common belief is that insurance carriers make their profits by charging and accepting premiums. These premiums are then taken into a pool from which both claims are paid and profits are drawn. And while this isn’t entirely inaccurate, insurance carriers are only marginally profitable if they rely on premiums alone. Insurance carriers, like any business and investor, have shareholders and rely upon the stock market. Insurance carriers profit by investing premiums in stocks for returns before paying claims from the premium pool.

Ultimately, with the stock market in a current downtrend, insurance carriers must find another way to keep profits up. This means the industry is likely to see an increase in denied claims and underpaid claims.

What can a policyholder do? Premier Claims offers not only complimentary policy reviews, but risk-free denied and underpaid claim reviews. Premier Claims offers a comprehensive service, including pre-contract legal and insurance review. Once a client contracts with us, our services encompass legal oversight, meticulous estimating using professional software, and persistent negotiation until claims are maximized.

Concerned your claim was underpaid, or receive a denial?

Need to make sure your policy covers what’s needed?

Contact us at info@premier-claims.com or 877.219.0049, or use our Claims Intake page to upload your documents and request your free review today!

Written by: Kyle Maring, CEO & Senior Public Adjuster
Links to cited resources:
https://www.macrotrends.net/charts/stock-indexes
https://markets.businessinsider.com/news/stocks/stock-market-forecast-outlook-further-declines-coronavirus-recession-ts-lombard-2020-4-1029068946
https://www.marketwatch.com/

 

Financial Resource Guide for Small Business Owners to navigate through COVID-19

COVID-19 has brought a lot of uncertainty to Small Businesses across the United States. Many business owners are feeling the financial pressures brought on by mandatory closures, or decreased traffic as a result of shutdowns. Things are changing daily as well, so it can make even the most veteran businessperson’s head spin.

What every Small Business Owner needs to know as they navigate COVID-19:

Make sure your employees know about the resources available to them:

If you must lay off employees, recognizing the increased Federal Unemployment Benefits could provide you with peace of mind.

The CARES Act – Payroll Protection Program (PPP)

Emergency Injury Disaster Loan (EIDL)

Economic Injury Disaster Loan Emergency Advance

Delay the Payment of Employer Payroll Taxes

Business Interruption Coverage provided by your insurance carrier

Click Here to upload your policy and request your complimentary review by our legal team.

Written by CFO Melissa Hurrington