Basic Thresholds to Coverage: Deconstructing the All-Risk Policy
After spending the past several weeks looking at common exclusions to the all-risk policy, this week’s blog will focus on more basic requirements that must be met in order for coverage to exist. Some will seem very straightforward, but others actually raise interesting legal issues when the right circumstances arise.
One of the most basic requirements – other than proving an insurance policy was in place – is to show that the damage suffered is covered by the policy. Most courts agree that the burden is on the policyholder to prove a loss is within the scope of the insuring agreement. Howev