If you reread my post carefully you will discern that I never advocated paying for Picasso's labor- quite the opposite. I apologize if I wasn't clear.
What I posted is correct.
What is posted is basically how major HO3 carriers adjust their claims, when they do it correctly, which is most of the time.
Of course you don't generally need to analyze the hourly wage of the artist- but an adjuster must pay for the value of a comparable finished item, not some parts dumped in a pile or something assembled with less expertise than the destroyed item.
If it would cost $3000.00 to have a professional make a similar painting with the same quality- ie. the same quality of shading, perspective, use of color etc, than that might be a good reference for what the destroyed painting is worth.
If you insist that $300 of paints/canvas/frame is what the insured is owed for a professional painted work of art then you are simply wrong.
Imagine how you would feel if the next time you went to a restaurant and ordered waffles the cook came out to your table and dropped flour and water on your plate.
I mean I know that policy interpretation is a bit subjective, but this really shouldn't be so hard to understand.
Why not just read the policy and think about it:
"... actual cash value at the time of loss but not more than the amount required to repair or replace"
A kindergartener's charcoal drawing is NOT a replacement for a Picasso charcoal drawing. A graduate art student's charcoal drawing might be. (Unless the kindergartener is really good...)
An IKEA walnut veneer desk is NOT a replacement for Thomas Jefferson's solid walnut inlaid desk. A brand new solid walnut inlaid desk might be a good replacement.
You wrote:
"My suggestion would be if someone has an item of value they should determine if there is coverage under their policy."
I have an alternative suggestion:
My suggestion would be that adjusters determine if there is coverage under the policy, and determine the settlement based on correct interpretations of the "Loss Settlement" provisions of the policy.
Here is a link to a court case about a very similar issue, where the judge thought the adjuster was doing it wrong for 20 years:
http://www.wfkclaw.com/pdf/Federal%...Review.pdf And here is what the State of Massachussets says about scheduled antiques:
9. I HAVE SPECIFICALLY INSURED ANTIQUE ITEMS LISTED ON MY HOMEOWNERS POLICY. IF I HAVE A TOTAL LOSS, WOULD THE INSURANCE COMPANY PAY ME THEIR INSURED VALUE?
Your insurance company would first confirm the value of the items with one or more independent antique dealers. You should then be paid a dollar value based on the dealer(s) estimate of the worth of the antique items. If you disagree with the settlement offered by your insurer, then you can follow the dispute resolution process outlined in your policy. There is a simpler way. Get appraisals and have your agent establish the stated values in the policy. You should also keep your appraisals up-to-date.
It looks like the attorneys working for the Massachusets Insurance regulators think the same way I do, at least about scheduling items.
Here's another FAQ from the Massachussets website:
2. WHAT IS THE DIFFERENCE BETWEEN ACTUAL CASH VALUE, REPLACEMENT COST AND MODIFIED OR FUNCTIONAL REPLACEMENT COST?
Replacement Cost is the amount to repair or replace the damaged property using materials of like kind and quality, without deduction for depreciation. Depreciation is the loss of value that develops as an item ages or wears. Actual Cash Value is the replacement cost of an item, less the amount for depreciation. A new option available to consumers is modified or functional replacement cost. At the time of a loss, modified replacement cost will restore the home to a functional condition. This may mean that unique features in your home prior to a loss will be replaced with items that serve the same function, but are not aesthetically the same.
Now if you notice, they used the term "Functional Replacement Cost" as an ALTERNATIVE to RCV or ACV on building property, not personal property. It's one of the three, not two or more. Personal property coverage is RCV or ACV - pick one.
If the policy is ACV then it is ACV.
ACV IS NOT "FUNCTIONAL VALUE" as many people are told. That is wrong, I don't care how many times you heard it on a storm site.
What your supervisor should have told you is this:
"On ACV personal property we don't pay for the portion of the value related to the fact that it is an antique, or the fact some famous person owned it"
When your supervisor said "We pay for the functional value only" you supervisor was using verbal shorthand and sloppy language. Trust me, "functional value" is not in the HO3 policy or related case law.
Functional value is when you get drywall instead of plaster and that's a whole 'nother policy.
If the carrier could really pay "functional value" on an ACV policy they could give you a 4 year old Volkswagen when your 4 year old Rolls Royce burned up.
Bottom line you have to replace with like kind and quality.
If you have a 89 year old Winchester rifle with checkered walnut stock used by Teddy Roosevelt you might be entitled to a newer (but still used) rifle of similar quality and features. It is not correct to find the value of any old plastic stock rifle and say that it's a correct adjustment of the claim.
Anyway I don't want to post on this anymore, anyone who doesn't agree with me can just keep doing whatever they've always done and if you do get lambasted by a judge like my link posted above I hope you have a major carrier to back you up.