Law of Insurance Contracts

Chapter 29



There is reinstatement when, instead of paying the insured money,1 the insurer pays2 for the replacement or repair of the subject-matter of the insurance. Unless the context otherwise requires, in this chapter reinstatement refers to both replacement of property destroyed and repair of property damaged.3 Reinstatement is generally an option given to the insurer, rather than the insured,4 and, except when given by statute,5 that option is available only if expressly given by the contract of insurance. The purpose is to protect the insurer from excessive claims, to offer him a course that may be more economic than paying insurance money6 and, especially in cases governed by the statute, to discourage arson and fraud.7

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