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cost of personal property damaged or destroyed by fire. As a
result of the fire, petitioners received $118,970.92 (less the
$250 deductible attributable to personal property losses) from
Westfield. This amount includes $49,686.02 for damages to the
Hendersonville residence, $11,909.90 for additional living
expenses, and the policy limits of $57,375 (less the deductible)
for damages to or loss of personal property. Of the amount
petitioners received for loss of personal property, $11,642.94
was attributable to dry cleaning expenses, and the balance,
$45,732.06, was attributable to the replacement costs of various
items of personal property typically found in a family residence.
After an investigation, Westfield paid petitioners the policy
limits for their personal property losses because, according to
the insurance company, “the ACV [actual cash value] of the UPP
[unscheduled personal property] exceeded the limits and they were
not made whole”.
Westfield’s decision to pay policy limits for personal
property loss was based at least in part upon a document entitled
“Personal Property Inventory” prepared by petitioners within days
after the fire occurred (the inventory). The inventory consists
of 38 pages that itemizes and describes hundreds of items of
personal property destroyed by the fire. Some descriptions are
specific, e.g., “Magnavox 19 inch color television with VCR”,
others are more general, e.g., “belts”. For each item (or
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Last modified: May 25, 2011