Policy Exclusions Are Affirmative Defenses Which Must Be Pled

Written by Joseph Collison on . Posted in Legal Updates

“While the burden of proving coverage is on the insured, it is incumbent on the insurer to prove that an exclusion to coverage is applicable.” Pioneer State Mut Ins Co v Dells, 301 Mich App 368. The Appellate Courts have made clear that “[r]eliance on an exclusionary clause in an insurance policy is an affirmative defense.” Shelton v Auto-Owners Ins Co, 318 Mich App 648.