Say It: COA Affirms that Fraud is an Affirmative Defense and is Waived if not Properly Pled

The Court of Appeals’ decision in Baker affirms Michigan’s long-standing rule that fraud is an affirmative defense, and, as such, is waived if not raised as an affirmative defense in defendant’s initial pleadings or by amendment before a responsive pleading. With the substantial increase in fraud, and the high cost to insurers the importance of defendant’s affirmative defenses is critical not only to all claims, but even more so in fraud cases.

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