Question

Generally, in a liability claim, the burden of proof regarding what bodily injury or property damage losses were proximately caused by the insured belongs to the

Select one:

A. Insured.

B. Jury.

C. Claimant.

D. Insurer.

Answer 1

In a liability claim, the burden of proof for showing that bodily injury or property damage was caused by the insured lies with the Claimant, according to civil law standards, which require a preponderance of the evidence.

Step-by-step explanation:

Generally, in a liability claim, the burden of proof regarding what bodily injury or property damage losses were proximately caused by the insured belongs to the Claimant. In the realm of civil law, the claimant or plaintiff has the responsibility to prove their case to the judge or jury.

The standard is known as a preponderance of the evidence, which means that the evidence in favor of the claimant's case must weigh more heavily than the evidence against it. This contrasts with criminal law, where the burden is to prove guilt beyond a reasonable doubt, a much higher standard since criminal convictions can result in the loss of liberty. The defendant in a liability claim, usually represented by the insurer, does not have to prove anything but may present evidence to counter the claimant's case.