California Codes
Cal. Insurance Code § 2051 (2026)
✓ current as of May 2026
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(a)Under an open policy, the measure of indemnity in fire insurance is the expense to the insured of replacing the thing lost or injured in its condition at the time of the injury, the expense being computed as of the time of the commencement of the fire.
(b)Under an open policy that requires payment of actual cash value, the measure of the actual cash value recovery, in whole or partial settlement of the claim, for either a total or partial loss to the structure or its contents, shall be the amount it would cost the insured to repair, rebuild, or replace the thing lost or injured less a fair and reasonable deduction for physical depreciation based upon its condition at the time of the injury or the policy limit, whichever is less. A deduction for physical depreciation shall apply only to components of a structure that are normally subject to repair and replacement during the useful life of that structure.
Notes of Decisions
Cited in 12
cases (6 in the last 5 years), 2004–2025 · leading case: California Fair Plan Ass'n v. Garnes, 11 Cal. App. 5th 1276 (Cal. Ct. App. 2017).
California Fair Plan Ass'n v. Garnes, 11 Cal. App. 5th 1276 (Cal. Ct. App. 2017). “6 to include the following language: “Under a policy, subject to California Insurance Code Section 2071, where the insurer is required to pay the expense of repairing, rebuilding or replacing the property destroyed or damaged with other of like kind and quality, the measure of…”
Milhouse v. Travelers Com. Ins., 982 F. Supp. 2d 1088 (C.D. Cal. 2013). “See Cal. Ins.Code §§ 2051(b)(1), 2051.5. In light of the substantial evidence that was presented, the jury reasonably could have found that the actual cash value of Dr.”
Linda Enger v. Allstate Ins. Co., 407 F. App'x 191 (9th Cir. 2010). “Enger alleges that Allstate significantly undervalued her claim because it failed properly to calculate the “actual cash value” of the lost property, as that term is defined by Cal. Ins.Code § 2051. Among other things, she seeks additional payment to compensate her for her…”
Alexander v. Farmers Ins., 219 Cal. App. 4th 1183 (Cal. Ct. App. 2013). “On appeal, Respondents summarize these controversies as ―(1) whether certain structural items may legally be depreciated at all, and (2) whether Farmers may deduct formulaic depreciation of personal property and structural components based on age, instead of only taking…”
Pitkin v. State Farm Gen. Ins. Co. (N.D. Cal. 2025). “5 Cal. Ins. Code § 2051 (b) (emphasis added).”
CA FAIR Plan Assn. v. Garnes (Cal. Ct. App. 2017). “6 to include the following language: “Under a policy, subject to California Insurance Code Section 2071, where the insurer is required to pay the expense of repairing, rebuilding or replacing the property destroyed or damaged with other of like kind and quality, the measure of…”
Brown v. Prop. & Cas. Ins. Co. of Hartford (E.D. Cal. 2021). “24 Case 1:20-cv-00186-NONE-SAB Document 82 Filed 12/17/21 Page 25 of 41 1 Cal. Ins. Code § 2051 (as in effect prior to January 1, 2020).”
Zepeda v. First Am. Specialty Ins. Co. CA4/3 (Cal. Ct. App. 2023). “In response, Zepeda conceded his depreciation claim under Insurance Code section 2051 lacked merit.”
Pollock v. Fed. Ins. Co. (N.D. Cal. 2022). “The plaintiffs thus 26 sought a declaration that their insurers violated California Insurance Code section 2051(b), which 27 sets the method of determining actual cash value of lost or injured property under open fire 1 the disputed property items, but the court stayed the…”
Pollock v. Fed. Ins. Co. (N.D. Cal. 2025). “The proposed amendments allege that Federal “prioritized financial 6 objectives over its statutory duties, failing to comply with California Insurance Code §§ 2051 and 7 2051.”
Ramyead v. State Farm Gen. Ins. Co. CA2/2 (Cal. Ct. App. 2025). “” (See Cal. Ins. Code, § 2051 [defining “actual cash value” as “the amount it would cost the insured to .”
Campanelli v. Allstate Life Ins., 93 F. App'x 159 (9th Cir. 2004). “Code § 2051 (stating that the “measure of indemnity” in this context is “the expense to the insured of replacing the thing lost or injured in its condition at the time of the injury, such expense being computed at the time of the commencement of the [accident].” (emphasis…”
— Cal. Insurance Code § 2051(b) — 2 cases
Pitkin v. State Farm Gen. Ins. Co. (N.D. Cal. 2025). “5 Cal. Ins. Code § 2051 (b) (emphasis added).”
Pollock v. Fed. Ins. Co. (N.D. Cal. 2022). “The plaintiffs thus 26 sought a declaration that their insurers violated California Insurance Code section 2051(b), which 27 sets the method of determining actual cash value of lost or injured property under open fire 1 the disputed property items, but the court stayed the…”
— Cal. Insurance Code § 2051(b)(1) — 1 case
Milhouse v. Travelers Com. Ins., 982 F. Supp. 2d 1088 (C.D. Cal. 2013). “See Cal. Ins.Code §§ 2051(b)(1), 2051.5. In light of the substantial evidence that was presented, the jury reasonably could have found that the actual cash value of Dr.”
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