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 would I have done differently regarding the handling of 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 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.

Thought For The Day

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 (M.D. Fla. Mar. 7, 2022).