In a specific or named peril form, who bears the burden of proof?

In a specific or named peril form, the insured bears the burden of proof because this type of insurance policy only covers losses caused by specific perils that are explicitly listed in the policy. Therefore, if the insured experiences a loss, it is their responsibility to demonstrate that the loss is due to one of the specified perils listed in the policy.

This requirement stems from the fundamental nature of named peril coverage, where the insured must prove that the cause of loss falls within the defined risks. Consequently, the insured needs to gather evidence and documentation to show that their claim is valid according to the terms of the policy. This is in contrast to an all-risk policy, where the insurer would have the onus to prove that an exclusion applies to deny a claim. Understanding this concept is essential for policyholders as it emphasizes the importance of being aware of what perils are covered and maintaining thorough documentation of any covered losses.