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

The most common defense used by insurers in an insurance litigation case in Washington is the doctrine of waiver and estoppel. This doctrine states that an insurance company cannot be held liable if the insured has willfully waived the right to receive coverage or if the insured has failed to fulfill certain obligations set forth in the policy. The next most common defense used by insurers is the doctrine of contributory negligence. This defense states that the insured could have prevented any damage or harm that has occurred to a certain degree and, therefore, the insurance company does not have to provide coverage for that damage or harm. The third most commonly used defense is the duty to defend. This means that the insurer must first provide a defense for any claims or suits that are against the insured before the insurer can deny coverage for the claim. Finally, the defense of release and settlement can be used. This means that the insurer does not have to provide coverage for any claims that have already been settled or released prior to the filing of a lawsuit. In conclusion, these are the most common defenses used by insurers in an insurance litigation case in Washington. These defenses are designed to protect the insurance companies from having to provide extensive levels of coverage, while still honoring their contractual promises and obligations.

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

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