Under the HE 00 07 (07-13) form, D. Loss Settlement 2. Buildings a. Replacement Cost Protection – 'Loss to a building insured under Coverages A or B is settled as follows;' (5) 'You may disregard to replacement cost loss settlement provisions and make claim under this policy for loss to buildings on an actual cash value basis. You may then make claim for any additional liability in accordance with D.2.a. above if you notify us, within 180 days after the date of loss, of your intent to repair or replace the damaged building'.

Question is if the policyholder learns of hail damages to his roof when the policyholder was not aware of any hail damages before. The carrier then does weather research and finds that a hail storm occurred more than 180 days before submitting the claim. Would the carrier have the right to limit the claim to no replacement cost value benefit even though the policyholder did not know he had hail damages until recently? Also, the hail damages are to a wood shake roof which is difficult to see from the ground. Home is a high end 2+ story structure. It appears that the policyholder has met all duties to date.

North Carolina Subscriber