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Burden of Proof Homeowner's Insurance

Bradley Arant Boult Cummings LLP

Certified Conflict on Carrier’s Burden to Show Prejudice Caused by Late Notice of Claim in Florida

It is long-standing law in Florida (and elsewhere) that an insurer can deny a claim when it was prejudiced by a policyholder’s failure to provide timely notice. However, there has been some debate in recent years about whose...more

Cozen O'Connor

Hybrid Property Policies: The Burden of Proof to Establish Policy Coverage and Exclusions

Cozen O'Connor on

One coverage issue frequently arising under first-party property insurance policies entails a determination as to which party has the burden of proof to establish coverage, or to show the applicability and effect of a policy...more

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