What is the burden of proving a loss under a policy where the terms and conditions of the policy are not in dispute?
"New York", United States of America
The following excerpt is from ATKINS & FIVE SONS v. MASSACHUSETTS BOND. & INS. CO., 205 Misc. 676 (N.Y. Dist. Ct. 1954):
In construing policy language it is to be such as common thought and common speech would imagine and describe it. (Abrams v. Great Amer. Ins. Co., 269 N.Y. 90.)
Upon a plaintiff is the burden of establishing affirmatively and by competent evidence a loss which falls within the terms and conditions of the policy (Gallin v. Allemannia Fire Ins. Co., 184 App. Div. 876, affd. 230 N.Y. 547).
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