§ 10-79. Pleading Special Matters--Pleading Issues of Policy Limitations

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§ 10-79. Pleading Special Matters--Pleading Issues of Policy Limitations

An insurer should raise issues of monetary policy limits, or credits for payments by or on behalf of third party tortfeasors, by special defense. When a jury determination of the facts raised by special defense is not necessary, the special defense shall not be submitted to the jury but, rather, shall be resolved by the trial court prior to the rendering of judgment.