Estate of Mary B. Bull - Page 3




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          increase to account for postissuance inflation.  The policy also            
          provided for extended replacement cost.  The extended replacement           
          coverage, however, was limited to 50 percent of the policy’s                
          coverage limits.  Replacement was an alternative option and could           
          not be claimed in addition to damage recovery.  In the latter               
          part of 1991, after its adjusters examined the property, Chubb              
          paid decedent $478,939.25.  That payment represented the maximum            
          possible recovery for loss of decedent’s dwelling and/or its                
          contents under the terms of the policy, as adjusted for                     
          inflation.                                                                  
               Within 6 months after the fire, reportedly under pressure              
          from the California State Insurance Commissioner, the insurance             
          industry (including Chubb) unilaterally agreed, in connection               
          with the Oakland Hills fire, to disregard the 50-percent cap2 on            
          replacement costs, and to pay the actual cost of replacement,               
          even if that cost exceeded the policy limits.  That change in               
          approach occurred after Chubb had paid decedent the maximum                 
          recovery possible under the terms of the policy.                            
               After Chubb unilaterally offered to pay an amount in excess            
          of its obligations for replacement under the policy, decedent               
          invited a bid for construction of a replacement residence from              
          Krueger Brothers Builders, Inc. (Krueger).  Krueger’s initial bid           



               2 Apparently, the 50-percent cap on replacement was a policy           
          refinement that was employed in decedent’s geographical area.               





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