Claiming Exemption Must Set Up. In an action to recover upon a contract of insurance wherein the defendant claims exemption from liability upon the ground that, although the proximate cause of the loss was a peril insured against, the loss was remotely caused by or would not have occurred but for a peril excepted in the contract of insurance, the defendant shall in his answer set forth and specify the peril which was the proximate cause of the loss, in what manner the peril excepted contributed to the loss or itself caused the peril insured against, and if he claims that the peril excepted caused the peril insured against, he shall in
COL9192018
his answer set forth and specify upon what premises or at what place the peril excepted caused the peril insured against. SOURCE: CCP § 437a.
----------
ARTICLE 5 DEMURRER TO ANSWER
NOTE: Sections 443 and 444, comprising Part II, Title VI, Chapter V of the Code of Civil Procedure, have been superseded by Rule 7 of the GRCP.
----------
ARTICLE 6 VERIFICATION OF PLEADINGS
NOTE: CCP § 446, Verification of Pleadings, has been superseded by Rule 11 of the Guam Rules of Civil Procedure. Rule 11, itself, does not supersede specific laws requiring verification in specific instances. Thus, the following sections of this Article remain valid law.