What is the burden of proving intentional injury exclusion under a life insurance policy?
MultiRegion, United States of America
The following excerpt is from Enron Oil Trading & Transp. Co. v. Walbrook Ins. Co., Ltd., 132 F.3d 526 (9th Cir. 1997):
2 On remand, the district court may conclude that under Montana law the burden of proof of circumstances excluding coverage is on the insurers. See Terry v. National Farmers Union Life Ins. Co., 138 Mont. 333, 356 P.2d 975, 978 (1960) (burden of proving intentional injury exclusion under accidental death clause of life insurance policy on insurer).
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