Commercial LinesQuestion 463 of 531

When a commercial property policy uses the special causes of loss form, what must the insurer do to deny a claim for direct physical loss?

a.show the insured failed to prove value
b.show the peril was not listed in the form
c.prove the loss was not sudden enough
d.prove that an exclusion applies

Explanation

The special form is open perils: every risk of direct physical loss is covered unless the policy excludes or limits it, so the burden falls on the insurer to identify the exclusion. Requiring the insured to point at a listed peril describes the basic and broad forms, where only named perils are covered. Suddenness is not the test under a property form, and proof of value goes to the amount of the loss rather than to whether it is covered.

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