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

Insurance companies commonly use certain defenses when facing an insurance litigation case in Utah. These defenses vary depending on the types of insurance policies involved. The most common defense used by insurers is the “Exclusion” defense. In this defense, the insurer claims that the policy does not cover the damages or losses that the insured claimant is seeking. Another common defense is the “Condition Precedent” defense, where the insurer claims that the insured claimant failed to fulfill their duty to satisfy certain conditions or requirements prior to filing a claim. Insurers may also employ the “Waiver” defense, where they claim that the policyholder has waived their right to seek coverage for a particular loss or damage. The “Misrepresentation” defense is also commonly used, where the insurer claims that the policyholder made a false statement or provided incorrect information when filing the claim. Moreover, the “Intentional Acts” defense is often used where an insurer is trying to avoid a claim by proving that the insured committed intentional acts that caused the damages or losses in question. Finally, the “Reasonable Expectations” defense is another common defense used by insurers, where they claim that the insured should have reasonably expected the damages or losses that occurred, and that the insured’s expectations were too high. In conclusion, insurers commonly use the Exclusion, Condition Precedent, Waiver, Misrepresentation, Intentional Acts, and Reasonable Expectations defense when dealing with insurance litigation cases in Utah.

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

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