What is the burden on the insurer to prove that a claim is not within an exclusion to the policy?
California, United States of America
The following excerpt is from Allstate Ins. Co. v. Interbank Financial Services, 215 Cal.App.3d 825, 264 Cal.Rptr. 25 (Cal. App. 1989):
5 This must be contrasted with the rule that the burden is on the insurer to prove a claim falls within an exclusion to the policy. (Clemmer v. Hartford Insurance Co. (1978) 22 Cal.3d 865, 880, 151 Cal.Rptr. 285, 587 P.2d 1098.)
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