What legal defenses are available in insurance law cases?

In insurance law cases in North Carolina, there are several legal defenses that may be available. The most common legal defense is that of “causation” which means that the insured must be able to prove that the damage or loss that occurred was directly caused by an event that was protected by the insurance policy. In addition, insurers may also argue that the insured was responsible for their own losses, either due to their own negligence or failure to take reasonable steps to prevent losses. Another defense commonly used is the “exclusion defense,” which is when the insurance company argues that the coverage they provide does not include the particular damages or losses that occurred; this is because certain clauses in the policy such as exclusions may be applicable to the particular claim. The defense of “waiver” may also be available, in which the insurer argues that the insured waived their right to recover benefits or damages under the policy, either because they voluntarily gave up the right or because of some other action which may be considered a waiver. Finally, the “estoppel” defense may be available, where the insurer argues that the insured is barred from recovering benefits or damages due to conduct or statements made by the insured that caused the insurer to rely on such conduct. These are some of the more common legal defenses that may be asserted in insurance law cases in North Carolina and other states. It is important to consult with an experienced attorney when considering legal action in any insurance law case.

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