The Insured’s Obligations Under An Insurance Policy

Our Insurance Claim Lawyers Explain Your Rights And Duties

Our West Palm Beach, Fort Lauderdale and Miami insurance claim lawyers help you take the steps necessary to mitigate damage to your property and loss of income after a natural disaster, fire or other covered loss. We advise you on your obligations under the mitigation language contained in your insurance policy, so our advice is unique to your situation.

What Mitigation Actions Can Homeowners Take?

Natural events and disasters can cause serious property damage to your home or business. After this occurs, you may be left wondering how you can protect what you have left. Furthermore, your insurance policy obligates you to mitigate the resulting damage. You can do this by:

• Stopping the flow of water from burst pipes
• Using a tarp to cover any damaged windows or roofs so water or debris does not enter your home
• Taking the necessary efforts to dry out damp areas of your property and remove wet items to reduce the risk of mold formation
• Drying off metal objects to avoid rust
• Trimming trees that could easily fall on your house
• Picking up fallen trees and branches
• Unblocking clogged gutters and drains
• Cleaning up debris from your yard after heavy winds
• Calling the fire department immediately after a fire begins

It’s important to realize that while there measures you can take to mitigate damage, these should not involve risking your own safety or performing actions that prove too difficult to do on your own. Mitigation may require reaching out to a professional.

What Mitigation Actions Can Business Owners Take?

Like individuals, businesses are also required to abide by mitigation guidelines and demonstrate an intent to minimize damage. Ways you can show this as a business owner include the following:

• Reopening the business as soon as it can function
• Moving your business operations remotely if permitted
• Ensuring your business is properly secured against theft and vandalism
• Being proactive in finding new vendors if your usual vendors have been damaged

What Happens If You Fail To Mitigate?

A failure to comply with your dutiful obligation to mitigate damages to your property may result in lower offers by your insurance company. An insurance company could refuse to pay for all of the damage.

Learn More About Your Duty To Mitigate After A Destructive Event

Saavedra-Goodwin advises on the steps you need to take to mitigate your damages. To schedule a consultation with our West Palm Beach, Fort Lauderdale and Miami insurance claim lawyers, call (954) 767-6333 or contact us online.

Damaso Saavedra

Mr. Saavedra is the managing partner of the firm, which he established in 1988. Born in Havana, Cuba, Mr. Saavedra is fluent in English and Spanish. He received his B.A. in 1979 from the University of Connecticut and his J.D. in 1986 from the George Washington National Law Center. Mr. Saavedra has served as Secretary and Director for the Inter-American Businessmen Association and co-authored “An Introduction to the Settlement of Unresolved Property Claims against the Cuban Government.” Mr. Saavedra also served as Staff Assistant for Congressman William Lehman in Washington, D.C. [ ATTORNEY BIO ]