Legal & Jurisdiction
Comparative Negligence
Comparative negligence is a rule that reduces a recovery by the share of fault attributable to the party seeking it.
Also known as: comparative fault, contributory negligence
If your insured was 30% at fault for a loss, a comparative-negligence jurisdiction reduces the recoverable amount by 30%. Variants differ by state, pure comparative, modified (50% or 51% bars), and a few contributory-negligence states that bar recovery entirely at any fault. These rules directly change whether and how much a claim is worth pursuing.
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