General Contractors' Overhead and Profit Charges - Recoverable?

This is one of those topics that comes up regularly.  Does an insurer have to pay general contractors' overhead and profit charges?   The short answer is "Yes" but there are some exceptions.  According to a 2005 Sixth Circuit Court of Appeals case (interpreting Tennessee law), the costs of a contractor (overhead and profit) are recoverable if the the insured would reasonably be expected to hire a contractor to repair its property.   See Parkway Assoc., LLC v. Harleysville Mut. Ins. Co., 129 Fed. Appx. 955 (6th Cir. 2005).  

Several nationwide class actions have been filed over the past few years concerning insurance companies' refusal to pay profit and overhead.  Despite such class actions and the clear statement of the law by the Sixth Circuit, I still hear about this occurring from time to time.  If an insurance company tries to tell you its not going to pay overhead and profit, stand up for yourself and point out this case to the adjuster.  Somehow I doubt it will be the first time he or she has heard of it.