A term based in ocean and inland marine insurance provision that requires the insured to protect damaged property from further loss once a loss has occurred. It also establishes that the expenses of doing so will be borne by the insurer and the insured “in proportion to their respective interests” in the property. Thus, the insurer will pay the full “sue and labor” costs if the amount of insurance is equal to or greater than the value of the property.
Current property and marine forms usually contain a similar provision, but it is seldom labeled a sue and labor clause. Instead, it is typically included as one of the insured’s “Duties in the Event of Loss.” An example would be the temporary placement of a tarp over a damaged roof to mitigate further damage.