What is the burden of proving a loss under an insurance policy?
British Columbia, Canada
The following excerpt is from PCL Constructors Westcoast Inc. v Royal & Sun Alliance Insurance Company of Canada, 2019 BCSC 822 (CanLII):
The insured under an insurance policy must prove on a balance of probabilities that the loss claimed falls within the perils insured against under the terms of the policy. Once the insured has met this burden, the onus shifts to the insurer to prove any affirmative defences: Bolen v. ICBC, 2006 BCSC 1749 at para. 17.
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