The insurer, however, says that it is only responsible for the cost of the photo paper, not the cost to reproduce them.

May we have your thoughts?

Ohio Subscriber

A

Language in the policy itself, and in the attached HO 04 90 10 00, replacement cost contents, lends itself to interpretation in favor of the insured in providing restoration of the photos. The only limitations in the HO 04 90 are for certain categories of property. The photos appear to fit best in the category of memorabilia and souvenirs, loss to which is settled on an actual cash value basis but not more than the amount required to repair or replace. Actual cash value for the photos is meaningless, since to the insured they are priceless. However, the insurer's offer to pay for the cost of the paper seems similar to offering to pay for a blank piece of canvas to replace a fire-damaged painting.

The other possibility for coverage, which also bolsters the case for restoration, is the limit for $1,000 for securities and personal records. The photos might be viewed as personal records of a sort (the policy does not state the records must be written). The $1,000 includes the cost to research, replace or restore the information from the lost or damaged material.