What is an affirmative defense?

An affirmative defense is a way for a person accused of a crime to show that they are not legally responsible for their actions. In the context of insurance claims law in California, an affirmative defense can be used to help an insurance company prove that they do not have to pay a claim because of certain circumstances. For example, if an insured person fails to disclose an important fact on their application, an affirmative defense may be used to show that the coverage was voided. Additionally, if the insurance company can prove that the insured person acted in bad faith or acted in a way that was not reasonable in their expectations, they can use an affirmative defense to avoid liability. Ultimately, an affirmative defense is a legal strategy used to help insurers avoid having to pay out a claim.

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