Understanding 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 to replace or restore the damage with 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 5 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 to replace 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.

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.

When does the policyholder receive payment for recoverable depreciation?

Initial Payout

After a claim is approved, the insurance carrier usually pays the ACV first, holding back the recoverable depreciation.

Final Payout

Insurance companies generally pay recoverable depreciation after completing repairs or replacements and providing proper documentation.

Factors Affecting Payment

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 it Matters to Policyholders

Why Insurance Carriers Use it

Common Misconceptions

 

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.

 

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/