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Mo. Rev. Stat. § 509.090

Affirmative defenses

Applied in 1 court decision — leading case Hanover Insurance v. Cameron Country Mutual Insurance (1990)

Most recently applied in Hanover Insurance v. Cameron Country Mutual Insurance (January 1990)

Effective: 28 Aug 1943; (L. 1943 p. 353 § 40)

In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, truth in defamation, waiver, and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court shall treat the pleadings as if there had been a proper designation.

Official source: Missouri Revisor of Statutes. Reproduced from public-domain Missouri statutes; confirm against the official source for the current text. Not legal advice.