Insurance 101 – Chapter 11 – Volume 26 – The Burden of Proof – Jackson v. State Farm

The Burden of Proof – Jackson v. State Farm

In Jackson v. State Farm Mutual Automobile Ins. Co., No. 31372, 2004.WV.0000105 (2004), the West Virginia Supreme Court ruled that a trial court erred in using a “preponderance of the evidence” standard to assess when an insured’s liability became “reasonably clear” so as to give rise to a violation of West Virginia’s unfair claims practices statute. The court concluded that “reasonably clear” required clear and convincing evidence.

The following video was adapted from my book, “Insurance Claims A Comprehensive Guide” Published by the National Underwriter Company and is available at the Zalma Insurance Claims Library

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