In Mee v. Safeco Ins. Co., No. 2006 EDA 2005, 2006 WL 2623901( Pa. Super. Sept. 14, 2006), the Superior Court of Pennsylvania found that a homeowner was owed overhead and profit for repairs to his home if he could show that a general contractor would have been reasonably likely to incur these items for making the repairs.

James Mee purchased replacement cost homeowners coverage from Safeco, but the policy also allowed for settlement at actual cash value. Mee suffered a loss to his home when a toilet overflowed. Safeco sent a general contractor to Mee's home to prepare a repair and replacement cost estimate. Safeco's estimate did not include a line item for a general contractor's overhead and profit (O&P).