What is the burden of proving an exclusion applies?
California, United States of America
The following excerpt is from ML Direct v. TIG Specialty Ins. Co., 79 Cal.App.4th 137, 93 Cal.Rptr.2d 846 (Cal. App. 2000):
When it comes to exclusions, the insurer bears the burden of proving the exclusion applies. Exclusionary language must be plain, clear and conspicuous. Policy terms are ambiguous when more than one reasonable construction of the language is possible. So long as coverage is available under any reasonable construction, the insurer will be held liable. (De May v. Interinsurance Exchange (1995) 32 Cal.App.4th 1133, 1136-1137.) If an exclusion is not ambiguous, however, it will prevail over the insuring clause and preclude coverage. (Id. at p. 1137.)
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