Wouldn't it be nice if you never had to buy insurance until after you had a claim? Think of the money you could save not having to purchase auto insurance until your teenager crashed the car. What about the cash you could bank if you didn't have to pay those astronomical Florida homeowner's premiums until a hurricane rendered your home uninhabitable? But let's face it, that's neither the intent nor purpose of insurance, which provides coverage for certain risks for which a policyholder pays a premium for risk minimization or mitigation. But what happens when emotions get in the way of the law?
Having overseen a number of litigated cases during my tenure in claims, it was certainly not uncommon for juries to invoke emotion in the courtroom. While they should not do this, we cannot lose sight of the fact that humans are emotional beings and at times, even the most callous of people will be brought to their knees when their heartstrings are tugged.
As many fellow professionals can attest, careful consideration is often given to the credibility of both the insured and the claimant. If either had serious credibility issues, sordid pasts, or other such negatives, then the strategy was often different than if the parties were pillars of the community.
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