Creekview Apartments Ex Rel. Hedman Investments, Inc. v. State Farm Insurance Co.

OPINION

BENCH, Judge:

Plaintiff Creekview Apartments (Creek-view) appeals from entry of summary judgment for defendant State Farm Insurance Company (State Farm). The trial court granted summary judgment based on a limitation clause in an insurance contract. We consider two issues on appeal: 1) whether State Farm waived the contractual limitation by failing to properly plead it as an affirmative defense; and 2) whether summary judgment was precluded by an issue of material fact. Under the circumstances of this case, we conclude that the contractual limitation is an affirmative defense which was…