Paint Shuttle, Inc. v. Continental Casualty Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• to avoid waiver, defendant must include within its responsive pleading any affirmative defense it seeks to assert
• “An affirmative defense is a defense upon which the proponent bears the burden of proof . . . .”
• to avoid waiver, defendant/respondent must include within its responsive pleading any affirmative defense it seeks to assert
• “Indiana Trial Rule 8(C) provides that if a responsive pleading is necessary, the party filing the pleading must include with that responsive pleading any affirmative defense it seeks to assert.”
• “Because we believe that the extension of notice period in a ‘claims made’ policy would create an unbargained for expansion of coverage, we do not believe that [the insurer] is required to show that it was prejudiced by the untimely delay.”

Source: CourtListener parenthetical corpus (CC0).