Law for Business 10th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 1

Griess's swine were infected with pseudorabies virus carried downwind by a tornado from an infected herd. He sought recovery for his losses under his insurance contract with Farm Bureau, which covered damage due to windstorms. His contract with the insurance company required that in the event of a loss, the insured "shall protect the property from further damage." In addition to compensation for the death and damage to his swine, Griess sought recovery for $128,732.38 in veterinary expenses for testing, treating, and management of the virus in order to prevent further damage to the herd. The insurance company claimed it had no liability for the cost of preventing further damages. Should Griess be reimbursed for fulfilling his duty to mitigate damages?