What are the common defenses used by insurers in an insurance litigation case?

Insurers in California use a range of defenses in an insurance litigation case in order to protect their company and its assets. Common defenses used by insurers include breach of or failure to fulfill a contract, assumption of risk by the insured, and waiver or estoppel. Breach of or failure to fulfill a contract occurs when one or both parties does not perform their duties as defined in their agreement. Insurers may argue that the insured breached the contract if they fail to provide timely and detailed information regarding the dispute or fail to cooperate in the investigation of the claim. Assumption of risk by the insured is another common defense used in insurance litigation cases. This occurs when the insured agrees to assume the risk of a certain event, such as a home fire, when they take out an insurance policy. In this situation, the insurer may deny coverage if the insured event occurs, as they agreed to take on the risk. The defense of waiver or estoppel is also used in some insurance litigation cases. Waiver or estoppel occurs when the insurer has already taken an action that could lead to them being liable and then they take another action that implies they are not liable. For example, if an insurer agrees to pay out a claim and then decides to sue the insured for breach of contract, this is a waiver or estoppel defense. In summary, common defenses used by insurers in an insurance litigation case in California include breach of or failure to fulfill a contract, assumption of risk by the insured, and waiver or estoppel.

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