What is the burden of proving that the insured knowingly misrepresented a material fact?
British Columbia, Canada
The following excerpt is from Deters v. Totovic, 2009 BCSC 1709 (CanLII):
The burden of proving that the insured knowingly misrepresented a material fact is on the insurer. The standard of proof is the civil standard of balance of probabilities. The question of whether or not there has been a knowing misrepresentation is to be determined on the basis of the circumstances that existed at the time the policy of insurance was issued: Booth v. ICBC, 2009 BCSC 1346 at paras. 7-9.
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