More on Mysterious Disappearance v. Theft

The burden is always on the insurer to prove that a loss fits within an exclusion;  it is  never  the duty of the insured to prove that the exclusion does not apply. The exclusion is  not, however, ambiguous; it just needs to be proved beyond a preponderance of the  evidence.

There is a provision in which mysterious disappearance creates a presumption of theft. By placing such a presumption in the policy the insurer is creating a contractual rule of evidence. It is a rebuttable presumption. An insurer can prove no theft occurred.

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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