Actual Cash Value / Replacement Cost Clause
This clause defines whether actual cash value (replacement cost less wear-and-tear deduction) or replacement cost (full replacement value without deduction) governs the insurable value and the basis of indemnity.
- Clause type
- Definition
- Origin/Market
- DACH – statutory
- Favours
- Neutral
- Negotiability
- Market standard
Purpose
Whether property is insured on an actual-cash-value or a replacement-cost basis materially determines the amount of indemnity on a claim. The clause specifies which value standard governs the insurable value: actual cash value reflects the age and wear of the property, while replacement cost covers the full amount for an equivalent new item without a deduction for age. This determination underpins premium calculation, the assessment of underinsurance and the calculation of indemnity alike.
Effect and limits
Replacement cost cover is usually more expensive, as it commits the insurer to a higher benefit, but is typically combined with a reinstatement clause that ties payment of the uplift to actual or intended reinstatement. For heavily worn or economically obsolete items (such as old machinery), actual-cash-value cover is often the more realistic and cheaper choice, since replacement-cost indemnity could otherwise result in over-indemnification.
Negotiation and practice
For mixed asset portfolios, the value basis is often agreed differently by asset category – for example, replacement cost for buildings and current operating equipment, actual cash value for older stock. Valuation reports and regular updating of the sum insured are central to both models in avoiding underinsurance.
Jurisdictional comparison
All three jurisdictions anchor the insurable value as a non-mandatory statutory rule from which replacement cost insurance contractually departs: Switzerland in Art. 51a VVG, Germany in Section 88 VVG with an express definition of replacement cost less depreciation for age, and Austria in Section 52 VersVG with a broadly comparable structure.
Legal basis
- CH: VVG Art. 51a (reference to insurable value)
- DE: Section 88 VVG
- AT: Section 52 VersVG