Vellaxa — Support Package (Water Loss)

Support Package — Water Loss (Evidence & Notes)

Audience: Restoration Contractor Claim #: span>TRV-JEE0580001H Address: 15973 Caroline Acres Rd, Fort Mill, SC 29707

Legal Foundations & Matching

Full Indemnification / Pre-Loss Condition

Repairs must restore to pre-loss condition; partial fixes that leave mismatched finishes fail to indemnify.

Kish v. INA State Farm v. Slade Windridge (7th Cir.)

Trade Standards Must Be Honored

Carriers cannot ignore generally accepted construction standards when determining scope and reasonableness of repair.

Zuckerman ISO CGL Commentary Couch on Insurance §175:29 NAIC Model Act

Bad-Faith Guardrail

Disregarding applicable standards and repair protocols constitutes unreasonable claims handling.

Egan v. Mutual of Omaha

Manufacturer Specifications (Binding Guidance)

Source	Minimum Requirement / Relevance
Sherwin-Williams MasterSpec	Two finish coats at manufacturer spread rate to achieve specified DFT and uniform coverage. Supports two-coat finish when painting is required to return uniform appearance post-loss.
Benjamin Moore TDS	Two finish coats required for uniform color/durability and warranty compliance. Single-coat allowances are non-compliant where uniformity is required.
Manufacturer Instructions — Principle	Court-accepted basis for reasonable repair methods; relying on manufacturer instructions is proper claims practice.

Public Policy & Consumer Protection

Reasonable Standards in Claims Handling

Carriers must adopt and implement reasonable standards; cosmetic-only approaches that ignore accepted construction standards fail this test.

NAIC Model Act ISO CGL Commentary

Pricing Disputes — Proper Recourse

If a carrier disputes pricing, the remedy is regulatory/legal escalation (e.g., AG referral), not pressure on the homeowner to accept substandard scope.

Pricing Practices & Market Safeguards

Benchmark Reality

Xactware prices approximate the market median; quality contractors often operate nearer the 75th percentile due to workmanship and warranty obligations.

Bid Shopping / Peddling Concerns

“Others will do it for less” aligns with practices criticized by ASA, AIA, AGC, and NASCLA; when paired with preferred networks, this invites compliance scrutiny.

Contractor vs Carrier Roles

Scope compliance is objective (codes, specs, standards). Price is a contractor–client term; carrier concerns should be handled transparently via proper channels.