Introduction to Onus of Proof
This article deals with Onus of Proof. This requires that the insured gives reasonable Proof that the loss that has occurred was due to the peril insured against and not any other cause in order to be compensated or indemnified against the loss.
When a loss has occurred, say resulting from a fire, the insured is under a legal duty to show that the loss was caused by a peril which is insured in the policy. He must show that it is not an earthquake or subterranean fire but the insured fire which caused the loss and not any other fire. The presence of ashes will for example in the case of a fire will be adequate proof that the fire actually occurred and the kind of fire must be established to ascertain that it was not an excluded fire.
Onus of Proof in Insurance
If the insurer refutes the position and contends that that is not the insured peril but an expected peril that has operated to cause the loss or to otherwise rely on an exclusion in the policy, the onus of proof shifts to them to show that the position is so.
By terms accompanying some exclusion s in the policy, insurers sometimes reverse the position as explained above and require that if they contend that the loss was the result of an expected peril, the onus of proof lies with the insured to show that it was not so.
Conclusion to Onus of Proof
The onus of proof helps to eliminate issues arising into losses to the insurance company or suits of failure of compensation by the insured.