What is the burden of proof in a personal injury case?

The plaintiff, as the insured, bears the initial burden of proof on a balance of probabilities that he suffered a loss within the coverage alleged. If he does so, the burden shifts to the defendant insurer to establish on a balance of probabilities that the plaintiff was in breach of the policy, that he has forfeited his claim to insurance money and that the defendant has proven its counterclaim: King v. Insurance Corporation of British Columbia, 2010 BCSC 1740 at paras. 9-10.