Page 207 - Fire Insurance Ebook IC 57

The Insurance Times

legal form of the truth of the claim and of any matters connected
therewith.
n Insured must have complied with all the terms and conditions of
the policy.

Onus of proof

n Onus of proof or burden of proof refers to the duty imposed on
someone to prove that what he has stated or affirmed is true.

n Under a fire policy, the onus of proving that the loss was the
direct result of fire is on the insured. It is sufficient if he produces
evidence that the property is actually damaged or destroyed by
fire. He is not expected to further prove the cause of fire, i.e. how
the fire started.

n Once this is proved, then the onus is on the insurers, if they so
desire, to prove that the loss was caused by an excepted peril.

n Where a breach of condition of the policy is alleged, the onus of
proving it is on the insurers.

Doctrine of proximate cause

When the loss arises, the insured has to prove that the loss he has
suffered due to perils mentioned in the policy. Similarly, the insurers
have to prove that the loss was caused by an excepted peril.

There may be some complicated situations in which loss is caused
by operation of more than one peril. The liability in such
circumstances has to be determined in the light of the legal maxim of
proximate cause (the immediate and not the remote cause is to be
regarded).

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