The Duty to Mitigate

THE DUTY TO MITIGATE Nearly every insurance policy has a duty to mitigate clause.  An insured property owner is obligated to mitigate damage before it becomes worse.  It is important to understand the principle behind the duty to mitigate and its scope when facing an...

Ordinance and Law Coverage

ORDINANCE AND LAW COVERAGE Most insured damage arises from a direct physical or financial loss to property. The main coverage in most policies is for any “loss or damage” arising from an insured event such as fire, hail, water etc. Yet many policies also cover repairs...

Notice and Prejudice

NOTICE AND PREJUDICE Notice Property owners have an obligation to provide notice of a claim soon after loss or damage has occurred.   This obligation is found in the insurance policy.  It is a contract obligation held by the property owner.  Insurance companies can...