When and Insured's Art Work Gets Damaged

June 23, 2014

 

I have a question on a homeowner's claim. Some artwork painted by the insured got damaged and she is quite talented. She does not sell the artwork, so we do not have to worry about the business limitation on the homeowner's policy. But the insurance company only wants to pay for the materials and not her labor. I think that they are incorrect and that she should be entitled to material and labor (even if minimum wage) for the number of hours to make a new painting. The insured is entitled to be made whole and the only way that is happening is to allow materials and then labor hours to paint a new picture. Is this correct?

New York Subscriber

 

The problem with art work is that talent is very subjective; what one person thinks is work by a talented person someone else thinks their cat could do better. Likewise, a piece of art may not be worth the amount of labor that went into it, regardless of how talented the insured may or may not be. The insured in entitled to compensation for a picture of like kind and quality; if it's a picture of a barn, she is entitled to a completed picture of a barn. If she chooses to recreate her work that is up to her, but she is entitled to like kind and quality. The world is full of artists who have died whose paintings may or may not have much value; if their pictures get destroyed the insureds are entitled to the best likeness, but not the cost of having someone paint an exact copy.

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