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Key definition
Reinstatement definition

What does Reinstatement mean? Reinstatement describes restoring a legal position—such as insurance cover, employment, property condition or court proceedings—to what it was before lapse, dismissal, alteration or strike‑out. It is a descriptive term used across contexts; in employment law its meaning is set out in statute. Insurance: after a policy lapses for non‑payment, many life and protection policies allow reinstatement, typically on paying arrears and interest, satisfying medical/underwriting evidence, and within a stated time limit. Cover usually recommences on reinstatement and will not respond to losses during the lapse. Property policies also use reinstatement for new‑for‑old repair/replacement and to restore an exhausted limit. Employment: an employment...

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Reinstatement Clauses in Property Insurance: Election to Reinstate, Measure of Indemnity, Requirement to Carry Out Works, Intentions and Betterment—Key Principles and Case Law

Practice notes
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This Practice Note outlines the key principles on Reinstatement in property insurance.

What is reinstatement?

Reinstatement means repairing or replacing property so that it is restored to its pre-loss condition, or to a state that is materially equivalent. The drafting of reinstatement clauses differs from Policy to policy and can lead to markedly different Outcomes for the policyholder. Depending on the exact wording, the policyholder may or may not receive a cash Settlement, may or may not be obliged to rebuild, and may or may not have to rebuild on the same site. Many policies also give the insurer the option to reinstate.

Who does it?

Typically, the policyholder undertakes the reinstatement. However, numerous policies allow the insurer, at its election, to carry out the reinstatement.

Why might an insurer choose to do so?

Insurers may have several reasons for electing to reinstate themselves rather than allowing the policyholder to do so or paying a sum equivalent to the reinstatement cost. One reason recognised by the courts is to avoid what might be ‘the temptation to an ill‑minded owner to set fire’...

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Alexander Rosenfield
Alexander Rosenfield

Alex is a Senior Associate at Fenchurch Law. He specialises in insurance coverage disputes for policyholders with a focus towards property damage claims.  Prior to joining Fenchurch Law in 2017, Alex worked at Elborne Mitchell in the heart of the London insurance market. He trained with BPS Law LLP in Manchester, specialising in policyholder coverage work. Alex is passionate about delivering Fenchurch Law’s mission statement of levelling the playing field for policyholders and has been quoted in several of the country’s leading insurance publications and newspapers on policyholder coverage issues. Those include an article for the Guardian which highlighted the challenges of complying with ‘Unoccupied Buildings’ conditions at the height of the COVID-19 Pandemic.  Alex graduated from the University of Birmingham in 2009, before completing the LPC at the College of Law in 2010. Away from his practice, Alex is a member of the Society of...

Ayobami Babatunde
Ayobami Babatunde

I am an Associate Solicitor at Fenchurch Law.I completed my training contract at DAC Beachcroft LLP, joining Fenchurch Law in September 2023....

Web page updated on 21/05/2026

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