Homeowners InsuranceQuestion 111 of 158

Under an open-perils (special form) policy, who has the burden of proof when a loss occurs?

a.The insured must prove that a listed peril caused the loss
b.The insured must prove the loss was not the result of negligence
c.The state insurance commissioner determines coverage
d.The insurer must prove that an exclusion applies

Explanation

Open-perils coverage reverses the presumption. All direct physical loss is covered unless the policy specifically excludes it, so the insurer carries the burden of proving an exclusion applies. This is why HO-3 and HO-5 provide broader coverage than HO-2.

Law Reference: ISO HO form open-perils policies

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