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 ...
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Subject: RE: RE: RE: Justice delayed is j
Posted On: July 29, 2008, 12:21 pm CDT
Posted By: Good Hands
Comment:
You misunderstand my point Mark1. The duty to mitigate is found in the Fair Claims Practices Acts in the various states, not in the policies themselves. You are correct in seeing that the insured has a contractual duty to protect the property from further loss. In addition to that however, the claimant has a duty under law to cooperate with minimizing the loss costs in total. This does NOT dictate that they use the cheapest vendor, it requires reasonableness. Admittedly difficult in the heat of a contested claim.
"Fair" is not a one-sided concept.
Subject: RE: RE: RE: Justice delayed is j
"Fair" is not a one-sided concept.