...set issues. For example, in the options presented by the pair and set clause, one might add: “In the event that more than 50 percent of a set is damaged, the insurer will pay the full replacement value of the entire set” or “in the event more than 50 percent of hotel furnishings are damaged, the insurer will pay the full replacement of all similar hotel furnishings to allow the hotel to maintain a uniform décor.”
More often than not, however, the policyholder and insurer may struggle to apply standard-form pair and set language to a context where there is no definitive guidance from the policy. Such cases become fair game for reasonable dispute — and the policyholder may invoke the pair and set clause as well as the concept generally inherent in RCV coverage in order to make up for the policyholder’s overall loss. The goal that all should accept is to make the policyholder whole.
Gary Thompson is a partner in the Policyholder Group at Weisbrod Matteis & Copley PLLC in its Washington, D.C. office. The opinions set forth in this article are not necessarily those of the firm, its attorneys, or its clients.
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