Insureds Cannot Shift Burden To Identify Claimed Damage
March 17, 2017, 4:33 PM EDT
Law360, New York (March 17, 2017, 4:33 PM EDT) -- The first-party insurance claims process has always been pretty simple for the typical insured: call the agent to report a claim, identify and quantify the claimed damage, work cooperatively with the insurance adjuster to support the claimed damage, and hire contractors to repair the damage. It has traditionally been a collaborative process that effectively resolved the overwhelming majority of first-party insurance claims without incident.
With the onslaught of hail litigation in Texas, the traditional model is now changing. And not for the better.