What is the burden of proving that a loss is not a fraud?
British Columbia, Canada
The following excerpt is from Boyle v Insurance Corporation of British Columbia, 2017 BCSC 1762 (CanLII):
In insurance claims the insured has the onus of showing that the loss alleged falls within the perils insured against under the terms of the policy coverage. Once that burden has been met, the onus is on the insurer to prove any affirmative defences, including fraud: Bevacqua v. I.C.B.C., 1999 BCCA 553, at para. 24.
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