What is an affirmative defense?

An affirmative defense is a type of defense used in insurance claims law in Washington. It is an argument raised by a defendant in a legal dispute that shifts liability away from them. Essentially, it is an excuse that shifts fault to a different entity or reason. In insurance claims law, an affirmative defense is a defense that an insurer or adjuster can use against a claim. For example, if a Washington resident files a claim due to damage caused by a storm, the insurer may use the affirmative defense that the damage was caused by negligence on the part of the insured. In other words, the insurer can shift the blame away from them and onto the insured for not properly maintaining the property that was damaged. In order for an affirmative defense to be successful in Washington, the defendant must prove that the defense is relevant and applicable to the claim. This means the defense must be based on facts that are accurate and verifiable. Additionally, the defense must be based on legal theories and precedents that are applicable to the dispute. Affirmative defenses can be used in other legal disputes, such as contract disputes or personal injury cases, but they are most commonly used in insurance claims law. Ultimately, an affirmative defense is a way for a defendant to shift liability away from them and onto another entity or cause.

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