What is the burden on the insured to prove that their claim is within the basic scope of the policy?
MultiRegion, United States of America
The following excerpt is from U.S. Liab. Ins. Co. v. A&B Mkt. Plus, Inc., CASE NO. 3:19-CV-0172-GPC-AGS (S.D. Cal. 2019):
Under California law, "[i]nterpretation of an insurance policy is a question of law and follows the general rules of contract interpretation." MacKinnon v. Truck Ins. Exch., 31 Cal. 4th 635, 647 (2003). "The burden is on the insured to establish that the claim is within the basic scope of coverage." Id. at 648. After the basic scope of coverage is
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