Homeowners Policy (HO)Question 299 of 474
Under an open-perils dwelling form, the burden of proof at claim time works this way:
a.the insured must name the peril that caused it
b.the insurer must point to an exclusion to deny
c.the insured must show the peril is on a list
d.the insurer may deny it without citing the policy
Explanation
Open perils covers direct physical loss unless the cause is excluded, so the insured shows a loss occurred and the burden shifts to the insurer to identify the exclusion it relies on. The answer that makes the insured prove the peril is on a list states the named-perils rule, which is how contents are handled on an HO-3.
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Related questions on this topic
- Which Homeowners form covers both the dwelling and the personal property on an open-perils basis?
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