The federal judge’s remark in a denied summary judgment opinion from a fire loss currently in litigation caught my attention.1 I often wonder about the reasons why some cases resolve without litigation or appraisal, and some do not. Accordingly, I propose that readers of this post read the full opinion and think—
- What should the policyholder have done differently?
- What should the insurance adjuster for AmGuard have done differently?
- What do you think about the handling of the proof of loss?
- Should the insurer have paid the amount of the undisputed amount of property damage?
- What could have been done to avoid the litigation?
- What do you think about the tone of the communications between the parties?
Please take some time to reflect on these questions while reading the opinion.
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