How does the doctrine of contributory negligence apply to insurance litigation cases?

The doctrine of contributory negligence, also known as comparative negligence, applies to insurance litigation cases in New York. This doctrine holds that a person who is injured by the negligence of another may still be held responsible for a portion of the damages, depending on their own negligence. For example, if a person is injured in a car accident where the other driver was speeding and ran a stop sign, the injured driver may still be found partially at fault if they were not wearing a seatbelt. In the context of insurance litigation cases, this doctrine can be used to shift some of the burden of recovering damages to the injured party. In a case involving an insured individual and their insurance company, the doctrine of contributory negligence could be used by the insurance company to reduce the amount of damages they are responsible for. This could include situations where the insurer could argue that the insured did not take reasonable measures to protect their property, which led to the damage that the insurer is being asked to pay for. In any case involving insurance litigation in New York, both parties need to be aware of how the doctrine of contributory negligence may be used to reduce the amount of damages that are recovered. The courts may find that both parties were at fault and apply the doctrine of contributory negligence to shift a portion of the burden of compensating for the damages to the individual who was injured.

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How does the doctrine of contributory negligence apply to insurance litigation cases?

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