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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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.

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