Burden of Proof
The burden of proving that a loss falls within policy coverage rests with the insured. Part of that burden is to demonstrate that the loss was due to some fortuitous event or circumstance. Once the insured has met its burden, which may only require a statement that a loss has occurred, the burden shifts to the insurer to establish that the loss was one specifically excluded by the language of the policy.
The insurer bears a heavy burden of proof, for it must establish that the words and expressions used not only are susceptible of the construction sought by the insurer but that it is the only construction which may be placed on them and the insurer must show that its construction is the only one that fairly could be placed upon the policy and that insured’s construction is unreasonable.
The author and publisher disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this blog. The information provided is not a substitute for the advice of a competent insurance, legal, or other professional. The Information provided at this site should not be relied on as legal advice. Legal advice cannot be given without full consideration of all relevant information relating to an individual situation.