Does a plaintiff have the burden of proving whether a loss occurred and as to the amount of loss?
California, United States of America
The following excerpt is from Teitelbaum Furs, Inc. v. Dominion Ins. Co., 21 Cal.Rptr. 671 (Cal. App. 1962):
At the trial plaintiffs were asserting the affirmative on the issue of whether a loss occurred and as to the amount of loss, assuming that a theft did occur, and thus, had the burden of proving both of said issues. As was stated in Griess v. State Investment & Ins. Co., 98 Cal. 241, 244, 33 P. 195, 196; 'The policy being a contract of indemnity, it was incumbent upon the plaintiff to prove the amount of his loss.'
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