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.
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