What legal defenses are available in insurance law cases?

In California, several legal defenses are available in insurance law cases. The most common defenses include statute of limitations, waiver, estoppel and misrepresentation. The statute of limitations defense applies if a claim is not made within a certain amount of time that is set by law. If a claim is brought after this period of time, it will be denied by the insurer. The waiver defense applies when the insured knowingly and voluntarily surrenders or waives the rights given to them by the policy. The estoppel defense applies when both parties make a mutual promise and one party does not fulfill their part of the agreement. The court will not allow the party to go back on their word. The misrepresentation defense applies when the insured makes certain statements that are not true or are misleading and they are trying to collect money from the insurer. The insurer will not honor the claim if the insured lied or provided false information. These legal defenses are important in insurance law cases in California and will help determine the outcome of a dispute between the insured and the insurer. The defenses can either be used to protect the insurer or the insured, depending on the circumstances.

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