Legal Question in Insurance Law in California

someone who is insured hit our fence. but the brick is obsolete. as is the capstone. should they have to replace the whole fence due to pre loss condition


Asked on 3/19/11, 4:44 pm

1 Answer from Attorneys
Thomas Libby Law Offices of Thomas L. Libby

The short answer is probably yes, depending upon whether a portion can be replaced without diminishing the overall integrity of the fence. This used to be called the "line of sight" rule, but that rule has changed with recent changes in the applicable law. You still have rights to argue for this sort of approach depending upon the factual particulars and the specific jurisdiction. You may wish to seek legal representation to assure your maximum potential recovery.

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Answered on 3/20/11, 1:25 pm


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