What legal defenses are available in insurance law cases?
In Washington, there are several legal defenses available in insurance law cases. These legal defenses are designed to protect insurance companies from liability. The first legal defense is known as ‘the duty to defend’. This is when the insurance company is required to defend their insured, regardless of the outcome. The company must pay the legal costs associated with the defense, even if they don’t believe their insured is covered. The second legal defense is the ‘business judgment rule’. This protects insurance companies from liability in cases where they have acted in good faith when making decisions about coverage and settlements. The third defense is the ‘causation defense’. This is when an insurance company can prove that the event causing damage or injury was not covered by their policy, and that their policy did not contribute to the damage or injury. The fourth and final defense is the ‘estoppel defense’. This is when the insured has made false or misleading statements to the insurance company, or has acted in a way that leads the insurance company to believe they are covered. In this case, the insurance company can be held liable for the damages or injuries. These are some of the most common legal defenses used in insurance law cases. Insurance companies will use these defenses to protect themselves from liability and to try and reduce their potential losses.
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