Debris Removal Part of ACV Loss?

There was a fire loss to the insured's home. I have reached agreements for the coverage A (building) portion of the claim on both replacement cost and actual cash value basis. Both replacement cost and actual cash value losses are below the policy limits. The insurance company has taken the position that it will not pay the debris removal potion of the ACV loss until it is incurred by the insured. I must add the fact that the building is not a physical total loss. It needs to be completely gutted, and have 1/3 of the roof structure removed & replaced.

It is my position that the debris removal is part of the ACV loss and is payable at the time of settlement under the coverage A portion of the policy. Shouldn't the only requirement of the insured to collect be to submit to the insurance carrier a duly executed Sworn Statement in Proof of Loss showing the agreed figures?

New York Subscriber

In the ISO HO 00 03 10 00 the policy clearly states regarding debris removal that: “This expense is included in the limit of liability that applies to the damaged property”. There are no requirements that the insured first incur the expense and then look for reimbursement from the company. Particularly in your situation, the debris must be removed first before the repairs can be started; we agree with you that the insured should not have to pay debris removal expense out of pocket up front.

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