A fire occurred in a home located in Aurora, Ohio. As a result, 60% of the windows and sliding doors were destroyed by the fire. The insurance company has agreed to replace the fire-damaged units but hasn’t committed on the undamaged units. This structure was custom-built by the insureds in 1984 and all of the windows and doors were manufactured by ” Windsor”. Windsor is still in business and has given an estimate to replace the windows and doors that were damaged with an exact new model of like, kind and quality. However, the new units now come with a clad finish at the bottom and will not match the undamaged units either on an inside look or outside look. Can the “ pair and set clause” be invoked here? Is there another avenue for “matching” windows and doors with the exact model, kind and quality because 40% of the undamaged units will not match. The undamaged units may be cleanable but are smoke damaged and will need to be refinished.
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