The federal judge’s remark in a denied summary judgment from a fire loss that is currently litigated caught my attention.1 I often wonder about the reasons why some cases circulate without litigation or adjudication, and some do not. Accordingly, I suggest that the readers of this post read the entire opinion and think—What would I have done differently in handling the adjustment of this loss?
- 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 undisputed amount for property damage?
- What could have been done to avoid the litigation?
- What do you think of the tone of communication between the parties?
Take time to reflect on these questions as you read the opinion.
To acquire knowledge one must study; but to acquire wisdom one must observe.
—Marilyn vos Savant
1 Mexicali Border Care v. AmGuard Ins. Co.No. 8:21-cv-00028 (MD Fla. Mar. 7, 2022).