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

In insurance litigation cases in Oregon, there are a few different types of defenses available to litigants. The first type of defense is the “failure to prove a legal duty” defense. This defense states that the other party has failed to prove that the defendant had a duty to act or pay, which is required in many insurance cases. The second type of defense is known as the “failure of consideration” defense. This type of defense claims that the defendant did not receive anything of value for their payment in the insurance case. This defense may be used if the insurance company made an agreement that was not honored. The third type of defense is an “unconscionable contract” defense. This defense can be used when one party used unfair tactics to get the other party to agree to the contract. This defense may be used if the insurance company acted in a way that was not legal or ethical. The fourth type of defense is a “waiver” defense. This defense argues that the other party in the insurance case waived their right to the compensation or coverage. This defense is usually used when the other party has accepted a settlement that is less than what was owed. Finally, the fifth type of defense is the “assumption of risk” defense. This defense states that the other party assumed the risk of the events that happened in the insurance case. This means that the other party knew that certain events may take place and they willingly took the risk.

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