No Repairs Made Means No Overhead Paid

When it is apparent that an insured will need a general contractor to help repair damages, is the insurer obligated to pay the general contractor fees before the insured actually incurs those expenses?

Kelly Helton, Esq. | June 02, 2025

The Supreme Court of Pennsylvania determined an insurer is not obligated to pay overhead expenses before they are actually incurred by the insured. The case is Kurach v. Truck Ins. Exch., 235 A.3d 1106 (Pa. 2020).

What Happened

Konrad Kurach and Mark Wintersteen (collectively, Kurach) had identical homeowners policies issued by Truck Insurance Exchange (Truck). Each policyholder had chosen to pay an additional premium for their policies to settle losses at replacement cost value (RCV) instead of the standard actual cash value (ACV).

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