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What is the ‘duty to mitigate damages?’
A person is not allowed to stand by idle and watch further harm come to his/her property. Everyone must use reasonable care and diligence to minimize the damages - to do what s/he can to prevent additional damage. An injured party must make a reasonable effort or expend reasonable costs to prevent the amount of loss or harm from increasing. For example, if constant rain is raising the level of a lake next to your home, you have the responsibility to take steps to prevent damage from the flood which is about to occur, such as moving property to higher ground or putting out sand bags to prevent water from entering your home. The particular acts required by a person to mitigate damages is determined on a case-by-case basis. It is set as what is "reasonable" under the particular circumstances.
If you are seeking recovery for property damage from an insurance company, you should seek the advice of an experienced insurance lawyer. If the property damage was due to a car accident, see a car accident lawyer right away. |
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What happens if I injured myself at my friend's house?
Are there legal limitations on insurance company business practices?
Are there any limitations on what an insurance company can charge for insurance?
Can an insurance company cancel my policy for any reason it chooses?
Can I cancel my policy at any time and will there be a penalty?
What happens when there is a claim?
If I am sued, does my insurance company defend me in court?
If I am sued, can my insurance company settle the case without my consent?
What is a ‘reservation of rights’ letter?
What can I do when an insurance company refuses to pay a claim?
Lawsuit for ‘bad faith’
Are there any options for resolving a dispute with my insurance company other than suing the company in court?Arbitration
Complaint to department of insurance
What are ‘exclusions’ and ‘limitations’ and how do they affect my coverage?
Are there any government agencies that regulate how insurance companies operate?
What is an insurance policy?
What is an ‘insurable interest’?
What is the ‘duty to mitigate damages?’
What kinds of insurance should I buy for my commercial building?
What am I required to do when I have a claim?
Can an insurance company refuse to sell me insurance for any reason it chooses?
What coverage do I get from a homeowners’ policy?
If I own a house, am I required to buy homeowner's insurance?
If I do not own property, but only rent a house or apartment, do I still have a need for insurance?
If I miss a premium payment and get a cancellation notice, is there anything I can do to be able to keep the policy?
If I think certain words in my policy mean something different from what my insurance company says they mean, how do we resolve it?
Arbitration
How does an insurance policy ‘protect’ me?
Should I have insurance on the building?
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