Exhibits to complaint, defendants - Insurance Coverage Blog

132. Defendants adopt by reference herein all Answers and Defenses contained in the
foregoing paragraphs.
133. Defendants deny the allegations contained in Paragraph 133.
134. - 143. In response to Paragraphs 134-143, defendants deny that the plaintiff is
entitled to judgment or any other relief against them in any sum or sums whatsoever, and demand
that the plaintiff's "first Amended Complaint be dismissed against them with prejudice, with all
costs assessed against the plaintiff.
And now, having responded to the allegations in the plaintiffs First Amended Complaint
and having denied any and all
liabilty in the premises, defendants, Richard Scruggs, individually;
Don Barrett, individually; Scruggs Law Firm, P.A.; Barrett Law Office, P.A.; Nutt & McAlister,
PLLC; and Lovelace Law Firm, P.A., would show unto the Court the following Affirmative
Defenses:
FIRST AFFIRM
A TIVE DEFENSE
Plaintiff failed to mitigate its damages, if any.
SECOND AFFIRMATIVE DEFENSE
Defendants affrmatively plead ratification, waiver and estoppel.
THIRD AFFIRMATIVE DEFENSE
Defendants invoke and claim the benefit of all provisions contained in the Joint Venture
Agreement, including but not limited to the requirement for mandatory binding arbitration as set
forth in the First Defense herein.
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