Insurance
May 7, 2013
In California, narrow scope of policy exclusions, limitations
California courts long have recognized the respective burdens between and insurer and an insured. However, the burdens on the insured and the insurer differ in terms of how they may be satisfied.
Kirk A. Pasich
Partner and Co-Leader of the Insurance Recovery Group
McGuireWoods LLP
Phone: (310) 956-3462
Email: kpasich@mcguirewoods.com
Loyola Law School
California courts long have recognized the respective burdens between and insurer and an insured as to whether a policy provides coverage for a particular claim or loss. As the state Supreme Court stated more than 20 years ago, once the insured shows that an event falls within the scope of basic coverage under the policy, the burden is on the insurer to prove a claim is specifically excluded. Garvey v. State Farm Fire & Casualty Co., 48 Cal. 3d 395, 406 (1989).
However, th...For only $95 a month (the price of 2 article purchases)
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