What is an affirmative defense?

An affirmative defense is a defense used in insurance claims law in Mississippi that allows an insurance company to successfully deny a claim. It is used when the party making an insurance claim fails to meet the policy’s criteria or fails to provide evidence for their claim. Examples of affirmative defenses include the policyholder having knowledge of any facts that would result in them being excluded from coverage, having failed to meet the policy’s conditions before making a claim or having previously submitted a claim for the same expenses. In Mississippi, the burden of proof falls to the insurance company to provide evidence of any affirmative defense which they are claiming. Furthermore, the insurance company must prove that the policyholder had knowledge of the circumstances or facts that would exclude them from coverage.

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