What are the different types of defenses available in insurance litigation cases?

In California, there are a variety of possible defenses available in insurance litigation cases. The most common defense is the policy defense, where the defense argues that the coverage in question is not included in the policy and therefore not subject to the claim. This requires the defense to prove the terms of the insurance policy and the absence of the coverage in dispute. The insurance defense may also include legal defenses that can be used to challenge the underlying claim, such as estoppel, waiver, and statute of limitations. Estoppel is a defense that argues that one party should not be held accountable for a claim due to certain reliance by the other party. Waiver is a defense that claims that the insurance company has waived the right to deny the claim due to certain conduct. And the statute of limitations is a defense that argues that the legal claim has passed the statute of limitations and is therefore too late to be brought in court. Other defenses include contributory negligence, comparative negligence, assumption of risk, and others. Contributory negligence is a defense which argues that the claimant is partially responsible for his own losses. Comparative negligence is a defense which argues that the claimant is partially responsible for his own losses but that the defendant is also partially to blame. Assumption of risk is a defense which argues that the claimant should have expected the risk and accepted it. Overall, the insurance defense in a case will depend on the specific language of the policy and the underlying claim. It is important to consult a lawyer who is knowledgeable in insurance litigation Law and the defenses available to discuss the individual situation and best determine what type of defense is available.

What are the different types of defenses available in insurance litigation cases?

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