Duty Or Not To Mitigate: The Insured's Burden

photo-5icIendicn the aftermath of a storm, who should take steps to prevent additional damage to property? After a loss, insureds often look to their insurer to put them "back were they belong" and are reassured that they are in "good hands." But can or should an insured sit on his or her own hands? The insured's duty to mitigate exists even in the face of an insurer's failure to perform.