ORCP 13B

See also annotations under ORS 16.030 and 16.240 in permanent edition.

NOTES OF DECISIONS

Where insured plaintiff pleaded compliance with policy condition, answer denied compliance with condition and plaintiff did not assert waiver of condition in reply, plaintiff could not raise waiver at trial. Bourrie v. U.S. Fidelity & Guaranty Ins. Co., 75 Or App 241, 707 P2d 60 (1985)

Reply to affirmative defense is required only when plaintiff seeks to avoid defense by affirmative allegations. Soldo v. Follis, 83 Or App 470, 732 P2d 72 (1987)