Insurance 101 – Chapter 9 – Volume 92 – Defenses to Accidental Tort Claims – 3

 Defenses to Accidental Tort Claims – 3

Doctrine of avoidable consequences

This is a doctrine of good faith and fair dealing. The injured person need not make extraordinary efforts to do what is unreasonable or impracticable in his or her efforts to minimize damages; reasonable diligence and ordinary care are all that are required to allow full  recovery of all damages caused by the defendant’s wrongful activity. If  the injured person acts with such care and diligence as a person of  ordinary prudence would under the circumstances, and his or her efforts to minimize damages are determined by the rules of common sense, good faith and fair dealing would require a finding of liability against the person who caused the injury

The following video was adapted from my book, “Insurance Claims A Comprehensive Guide” Published by the National Underwriter Company and is available at the Zalma Insurance Claims Library

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The author and publisher disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this blog. The information provided is not a substitute for the advice of a competent insurance, legal, or other professional. The Information provided at this site should not be relied on as legal advice. Legal advice cannot be given without full consideration of all relevant information relating to an individual situation.

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