What legal defenses are available in insurance law cases?

In insurance law cases, there are several legal defenses available to individuals. These defenses are meant to protect the insured person and generally require the insurance company to prove that the damages are not covered by the policy. One such defense is known as the “collateral source rule”. This means that if an injured person receives compensation from another source, such as another insurance policy or a settlement, then the insurance company may not have to pay for the damages. Another defense is the “made whole doctrine”. This defense requires that the injured individual must be made whole again before the insurance company is obligated to provide compensation. This means that the insurer must pay the full amount of the damages and that the injured person cannot suffer a financial loss due to the insurance company paying less than the damages. Certain legal defenses may also be used if the injured person does not satisfy the terms of the insurance contract. For example, if a policyholder fails to pay premiums in a timely manner, the insurer may not be obligated to provide coverage. Finally, the statute of limitations may be used as a defense. In Florida, the statute of limitations requires that any lawsuit relating to an insurance claim must be filed within four years of when the incident occurred. Otherwise, the injured person may be barred from recovery.

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