Under a special-form (open-peril) property policy, who bears the burden of proving how a loss occurred when there is a dispute about coverage?
a.The insured must prove a listed peril caused the loss
b.The state insurance commissioner decides without proof
c.Neither party has any burden of proof
d.The insurer must prove the loss falls within an exclusion
Explanation
On a named-peril form the insured must show the loss was caused by a covered peril. On an open-peril or special form, the policy is presumed to cover all direct physical loss, so the burden shifts to the insurer to prove that an exclusion applies.
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