Bell v. Traders and Mechanics Insurance Co., Inc.

BROCK, Judge.

Defendant assigns as error the court’s refusal of his motion to strike certain portions of the plaintiff’s reply alleging waiver. Defendant contends plaintiff’s reply does not specifically state the facts constituting waiver, and so should be struck as an insufficient defense under Rule 12(f) of the North Carolina Rules of Civil Procedure. Rule 8(c) designates waiver as an affirmative defense. The language in Rule 8(a), dealing with general pleading, and that in Rule 8(c), dealing with pleading affirmative defenses, is largely identical: (such pleading shall contain) “a short and…