Matching Vs. The Commonwealth Of Virginia Essay

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I. Question Presented
Whether there exists any legislative or executive authority that mandates “matching” in the Commonwealth of Virginia.
II. Brief Answer
My research—through I trust—has been unable to unearth any statutory, regulatory, or any other legislative or executive authority on the subject of matching in Virginia. In the absence of such authority, the question of whether and to what extent matching is required is a fact intensive analysis that will depend heavily on what repairs are necessary to bring a damaged property back to its pre-loss value.
III. Discussion
You have asked for information on the subject of whether matching is required with respect to first party property claims in Virginia. Jurisdictions very greatly as to whether they require matching. For example, many jurisdictions require matching due to a statute or regulation, while in other jurisdiction matching has been required by means of a court’s interpretation of the language of an insured’s policy.
A. Virginia Has No Statute or Regulation That Requires Matching. As stated above, many jurisdictions have promulgated statutes or regulations that require an insurer to engage in matching. For instance, jurisdictions such as Alaska, California, Connecticut, Florida, Iowa, Kentucky, Nebraska, Ohio, Rhode Island, and Utah, all have either statutes or regulations that affirmatively require matching to some extent. Jay Feinman, “Matching” In Replacement Cost Homeowners Insurance Policies (Rutgers

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