NAIC Model & Adoption
The NAIC's Unfair Property/Casualty Claims Settlement Practices Model Regulation (MDL‑902) contains a "reasonably uniform appearance" provision. This is a template; it has no force of law until a state incorporates it. States can adopt it verbatim, modify it, or ignore it.
Bulletins vs. Law
Bulletins and advisories are guidance from DOIs on how they interpret existing law or intend to enforce it. They do not themselves amend or create law. Binding authority arises only through statutes enacted by the legislature or regulations adopted under statutory authority.
Where a Rule Exists — Primary, Public Links
One authoritative link per state; summarised below. See the full text for details.
State | Status | Primary link | Key trigger (short) |
---|---|---|---|
California | Yes | 10 CCR §2695.9(a)(2) | Replace all items in the damaged area for a reasonably uniform appearance. |
Connecticut | Yes | CGS §38a‑316e | Match adjacent items to achieve uniform appearance. |
Florida | Yes | Fla. Stat. §626.9744 | "Adjoining areas" rule; considers cost, uniformity, useful life. |
Iowa | Variant | Iowa Admin. Code r.191‑15.44 | Line‑of‑sight uniform appearance. |
Kentucky | Yes | 806 KAR 12:095 §9(1)(b) · Advisory 2023‑08 | Replace items in the area for uniform appearance (advisory clarifies; rule controls). |
Nebraska | Yes | 210 NAC ch. 60 §010.01(B) | Replace items in the area for uniform appearance. |
Ohio | Variant | OAC 3901‑1‑54 | "Reasonably comparable appearance." |
Rhode Island | Yes | 230‑RICR‑20‑40‑2.9 | Replace items to achieve uniform appearance. |
Tennessee | Yes | 0780‑01‑05‑.10 | Replace to a reasonably uniform appearance. |
Utah | Yes | R590‑190‑13 | Repair/replace to a reasonably uniform appearance. |
Vermont | Variant | 21‑020‑008‑X | Uniform appearance within the same line‑of‑sight. |
What to Remember
- Build your case: gather consistent‑lighting photos, line‑of‑sight diagrams, manufacturer discontinuation letters, contractor bids and material availability analysis.
- Remember: even without a specific matching law, insurers must honor their policy contract. Escalate through appraisal or a DOI complaint if needed.
FAQ
Do bulletins change the law? No—bulletins guide interpretation; law comes from statutes and duly‑adopted regulations.
Must states adopt NAIC models? No. Adoption is optional; states regulate insurance individually. However, if the state adopts the NAIC model then the insurers in that state likely have to comply with it.
What if my state has no rule? The policy—and how courts interpret it—controls. If matching is necessary to restore "like kind and quality," make that argument with proof.
This resource emphasises primary public links to statutes and regulations for states that have adopted matching rules. New laws can emerge, so always check the current code.
Last updated: September 10, 2025 (Pacific/Honolulu)