What legal defenses are available in insurance law cases?

In New Hampshire, there are several legal defenses available in insurance law cases. Each defense is based on the facts and circumstances of the particular case. The main defenses that can be used in insurance law cases include waiver, estoppel, breach of contract and tort law. Waiver is the intentional relinquishment of a known right or privilege. An example is when a person signs a form releasing a company from liability in the event of an accident. Estoppel is a legal principle that stops a person from asserting a right when that right has been waived or a duty has been neglected. This defense applies when a person was prevented from asserting their rights due to the other party’s actions. Breach of contract is a violation of the agreement between two parties. An example is when an insurance company fails to fulfill its obligations under the terms of the insurance policy. Tort law applies when a person’s negligence or willful acts cause harm to another person. An example is when a person causes bodily harm to another in a car accident. These are the common legal defenses that may be used in insurance law cases in New Hampshire. It is important to understand that each case is unique and a different defense may apply depending on the facts and circumstances. It is important to consult with an attorney to understand the available legal defenses in any particular matter.

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