Century Fire Sprinklers, Inc. v. CNA/Transportation Insurance Co.

HAROLD L. LOWENSTEIN, Judge.

The threshold question presented in this case is: In a suit by an insured against its insurance company, may the insurer rely on exceptions in the policy as a defense via letters of declaration and in answers to discovery, or must the insurer raise the defense of an exclusion by way of an affirmative defense?

FACTS

This appeal arises from the trial court’s order of summary judgment in favor of respondent, CNA/Transportation Insurance Company (“CNA”), and against appellant, Century Fire Sprinklers, Inc. (“Century”). The summary judgment was a result of Century filing…