What is an affirmative defense?

An affirmative defense is a legal defense that a defendant may use in court to avoid liability for a crime they have been accused of. In North Carolina, an affirmative defense can be used in insurance claims law to excuse a defendant from their contractual obligations under their insurance policy. This means that the defendant may successfully argue that, even though they have breached their contract with the insurer, they should still not be held liable for the resulting damages. The defendant must prove that specific circumstances excuse their behavior and that the circumstances were beyond their control. Examples of accepted affirmative defenses include cases where the defendant can prove that they were unaware of the policy’s terms, or that the defendant had no intention of breaching the contract. Using an affirmative defense effectively is dependent on the facts of the case, and legal advice from an experienced attorney is recommended before attempting to raise an affirmative defense in North Carolina.

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