Missouri Judge Dismisses $7 Million in Fines Against Allstate
Midwest News • July 25, 2008
A Jackson County judge agreed on Wednesday, July 23 to throw out a contempt order against Allstate Insurance after determining the company had finally complied with his directions to release ...
Insurance Journal is not responsible for the content of the message below.
Subject: RE: RE: Justice delayed is j
Posted On: July 29, 2008, 8:35 am CDT
Posted By: Mark1
Comment:
Good Hands,
Respectfully, I don't believe the duty to mitigate the damages in the policy involves choosing the least expensive repairer. I believe that clause involves protecting the property from further damages, such as exposure to water, and theft, after a loss such as a motor vehicle accident or a tree that falls through a window. The duty of the insured is to secure the property and protect it from further damage, and therefore mitigate the loss.
The assumption that all repairs are the same or that the lowest bidding repair vendor is supplying the same actual repairs and quality of repairs as a higher priced repair vendor, is the problem.
Those software systems that were spoken of do not ensure that first, all the actual damage is written, and second that all the damage was written properly.
The policy promises to indemnify the consumer, not to indemnify the company's insureds as a whole with lower rates.
Subject: RE: RE: Justice delayed is j
Respectfully, I don't believe the duty to mitigate the damages in the policy involves choosing the least expensive repairer. I believe that clause involves protecting the property from further damages, such as exposure to water, and theft, after a loss such as a motor vehicle accident or a tree that falls through a window. The duty of the insured is to secure the property and protect it from further damage, and therefore mitigate the loss.
The assumption that all repairs are the same or that the lowest bidding repair vendor is supplying the same actual repairs and quality of repairs as a higher priced repair vendor, is the problem.
Those software systems that were spoken of do not ensure that first, all the actual damage is written, and second that all the damage was written properly.
The policy promises to indemnify the consumer, not to indemnify the company's insureds as a whole with lower rates.