Extenuating Circumstances in Claim

March 13, 2017

I have a homeowners claim in Maryland with Allstate insurance.  It is Allstate's AP2 policy, which is all-risk and a replacement cost policy.  The Building Structure Reimbursement section reads (in the Our Settlement Options section for coverages A &B)

“Under Coverage A – Dwelling Protection and Coverage B – Other Structures Protection, we will make additional payment to reimburse you for cost in excess of actual cash value if you repair, rebuild or replace damaged, destroyed or stolen covered property within 180 days of the actual cash value payment.  This additional payment includes the reasonable and necessary expense for treatment or removal and disposal of contaminants, toxins or pollutants as required to complete repair or replacement of that part of a building structure damaged by a covered loss.”

Several years ago, an attached sunroom collapsed due to the weight of ice and snow.  That loss was covered by the insurer. 

In the process of replacing the collapsed sunroom, the homeowners association in the neighborhood of the risk dwelling attempted to prevent the policyholder from rebuilding the sunroom.  The issue became a protracted legal battle, which the policyholder eventually won.  The policyholder subsequently rebuilt the sunroom. 

Even though the policy states that the rebuilding of the structure has to be done within 180 days of the ACV payment, are there any exceptions to the 180-day rule that would allow the policyholder to be paid the depreciation?