The Situation

An adjuster called in contents specialists to consult on a claim for a large-scaledamaged sculpture by an artist based in London. One night whileeating dinner, the insured heard a crash from the living room.Upon entering the room, the policyholder found thesculpture damaged, lying on its side. The insured claimed thedocumented total purchase cost, including shipping, wasapproximately $28,000. But was that accurate?

Case Background

A London-based artist had created the sculpture in 2010. It isof complex construction, composed of a combination of materialsincluding plywood, steel, jesmonite, glass fiber, bamboo fiber,marble powder, graphite, lacquer, and wax. It measures 7.5 feettall.

Contents specialists contacted the artist and secured hiscooperation to consult with the U.S.-based conservator on thecosmetic restoration. However, the artist had concerns about thestructural damage to the sculpture and because of the uniqueconstruction of the piece, doubted if anyone, other than himself,would be able to properly address the structural issues. Taking theartist's viewpoint in mind, the contents specialist team concluded that repairs by someoneother than the artist would result in diminution of the sculpture'svalue.

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The Result

The contents team was not only able to engage the originalartist to discuss repair, but also was ultimately able to secureagreement from the artist to have him completely recreate thedamaged sculpture in its entirety. This approach eliminated anyquestion of structural integrity and potential copyright issuessurrounding the VisualArtists Rights Act (VARA), as well as any claim of diminutionof value for a fraction of the original purchase price.

Even with the cost of shipping the recreated sculpture acrossthe pond, this matter was concluded for $11,000 to replace theinsured's beloved art.