Legal Question in Insurance Law in California

Line of Sight

In residential insurance claims, where can source references be found to guide adjusters in determining what repairs will be included under ''line of sight.''

For clarification, line of sight would occur if damage occurred in your living room and under insurance it was going to be totally repainted. Your living room opens onto a family room (doorway, no door in between). The family room is in the line of sight from the living room and because one has fresh paint, so must the other.

Where are the guidelines for adjusters and estimators and any laws for this found?

Thank you!

Asked on 4/11/04, 12:12 pm

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1 Answer from Attorneys

Steven Murray Steven W. Murray, APC

Re: Line of Sight

Section 2695.9 of the Fair Claims Settlement Regs requires an insurer to " . . . replace all items in the damaged area so as to conform to a reasonably uniform appearance."

If the color is noticeably different, you may have some negotiating position. But the insurer does not have to repaint your whole house. Use common sense and fairness to resolve this.

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Answered on 4/15/04, 6:13 pm

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