What legal defenses are available in insurance law cases?

In Oregon, insurance law cases allow for several legal defenses that might be utilized depending on the circumstances. These defenses include the statute of limitations, illegality of the contract, waiver of benefits, and breach of good faith and fair dealing. The statute of limitations is a defense used by a defendant to prove that a certain span of time has passed since the complaint was filed. If a plaintiff fails to bring their case within the given time frame, the defendant can use the statute of limitations as a defense. Illegality of the contract is another defense that is used in insurance law cases. This defense can be used when a certain clause of the contract is deemed unconstitutional or when the contract was created and signed under false pretenses. The waiver of benefits defense is a tactic utilized by the defendant when they can prove that the plaintiff willingly gave up certain benefits of the policy. The plaintiff must have fully understood the implications of the waiver in order for the waiver of benefits defense to be successful. Finally, breach of good faith and fair dealing is a legal defense that is used when the defendant has breached an implied promise of good faith and fair dealing, such as not disclosing important facts about the agreement or failing to keep their policyholder adequately informed. This type of defense can also be used when an insurance company has acted in bad faith or has unreasonably denied a claim.

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