Absolute Defense Explained

In our last post we spoke a little about Acts of Public Enemy, a type of Absolute Defense in the insurance world.  It occurs to me, though, that we should have a little definition of what exactly an Absolute Defense is.

From the Wikipedia article on Absolute Defense:

Absolute defense is a legal concept for a factual circumstance or argument that, if proven, will end the litigation in favor of the defendant. The concept is not a rigid one. Statutes frequently use the term merely as a synonym to “full” or “complete”. It is more often used, however, as a term of art in both criminal and civil law to refer to an underlying set of facts and laws, not raised by the complaint or indictment, which will require the defendant’s dismissal even if the factual allegations of the complaining pleading are true.”

Though Wikipedia is not always known as the most reliable source, and in many cases the source will not even be accepted, this seems to be a pretty standard explanation of the concept.

They speak in legal terms, but the same concept applies to insurance.  There are a set of irrefutable cases or circumstances where someone cannot be held liable for any losses incurred.  Our last post explained how this is true in the case of an Act of Public Enemy, and there are other similar defenses we will explain in the future.

Check back here for more on Absolute Defenses.  For anymore questions or thoughts leave a comment or head to Wolpert.com.


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