Term of the Week: Ordinance or Law Coverage
What It Is
Ordinance or Law (O&L) coverage — sometimes called Building Ordinance coverage — pays for the increased cost of rebuilding or repairing a structure to comply with current building codes, zoning laws, or ordinances when a covered loss triggers reconstruction. It typically has three components:
- Coverage A (Loss to the Undamaged Portion): Pays to demolish and remove the undamaged portion of a structure that must be torn down because local ordinance requires it when the damaged portion is repaired.
- Coverage B (Demolition Cost): Pays the actual cost of demolishing and hauling away the undamaged portion.
- Coverage C (Increased Cost of Construction): Pays the additional cost to rebuild to current code versus the original construction standard.
Why It Matters on CAT Total Losses
A home built in 1985 likely predates current energy codes, wind-load requirements, electrical standards, and in tornado-prone areas, potentially newer IRC provisions for wall bracing and roof-to-wall connectors. When that home is destroyed and rebuilt, the contractor doesn't rebuild to 1985 specs — they build to what the permit requires today. That delta is real money: upgraded electrical panels, engineered lumber, modern shear walls, impact-resistant windows in some jurisdictions. It adds up fast.
On a total-loss file, O&L Coverage C is often the largest line item most adjusters forget to check. If the insured has it, it needs to be scoped and estimated separately — not buried in the dwelling replacement cost estimate.
Common Mistakes
- Assuming RCV already covers code upgrades. It doesn't. RCV replaces like-for-like at today's prices. O&L covers the delta between like-for-like and code-compliant construction.
- Skipping it on partial losses. O&L applies on partial losses too — if local ordinance requires you to bring the whole structure up to code when you repair 51% of it (the common "50% rule"), the coverage should be triggered.
- Missing the sublimit. O&L is almost always a sublimit — often 10–25% of Coverage A. Check the dec page. If the insured is underinsured on O&L, document it clearly and note it in the file.
The Adjuster's Move
On every total-loss inspection: check the dec page for O&L before you leave the driveway. If it's there, flag it in your scope notes. If the rebuild will require meaningful code upgrades — and on anything pre-2000, it usually will — get a contractor to break out the code-upgrade costs as a separate line. That's what the coverage is there for.