Who bears the burden of proof in a special/open peril form?

In a special or open peril form, the burden of proof lies with the insurer. This means that it is the responsibility of the insurer to demonstrate that a loss is not covered under the policy. Open peril forms provide coverage for all causes of loss except those specifically excluded in the policy. As such, when a claim is made, the insurer must prove that the particular peril causing the loss is indeed excluded. This contrasts with named peril policies, where the insured would need to prove that the loss resulted from a named peril covered by the policy. This distinction reflects the broader scope of coverage associated with special or open peril forms, which shifts the onus of proof onto the insurer when denying coverage.