财产保险基础第 271 / 531 题
A commercial property policy written on a special, open-perils causes-of-loss form covers a physical loss unless:
a.The insurer shows an exclusion applies
b.The peril is missing from a listed schedule
c.The loss happened away from the premises
d.The insured cannot name the peril involved
解析
An open-perils form insures risk of direct physical loss except as excluded or limited, so once the insured shows a fortuitous physical loss, the insurer carries the burden of proving that an exclusion removes it. A named-perils form reverses that arrangement: nothing is covered until the insured shows the cause of loss appears on the policy's list. Requiring the insured to name the peril applies the named-perils rule to the wrong form.
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