Quick Note: Burden of Proving and Defending All Risk Property Insurance Claims

June 23, 2025 — David Adelstein - Florida Construction Legal Updates
If you are pursuing an all-risk first-party property insurance claim on behalf of an insured, or defending such a claim on behalf of an insurer, a recent case includes a short snippet explaining the corresponding burdens of proof:

To make a claim under an all-risk policy, the insured must establish that her home suffered a covered loss while the policy was in effect. Once established, “the burden shifts to the insurer to prove that the cause of the loss was excluded from coverage under the policy’s terms.” And if an insurer relies on an exclusion to deny coverage, the insurer “has the burden of demonstrating that the allegations of the complaint are cast solely and entirely within the policy exclusion and are subject to no other reasonable interpretation.”The burden then shifts once more to the insured to prove an exception to the exclusion contained in the insurance policy.

Spartan Services Corp. v. People’s Trust Ins. Co., 50 Fla.L.Weekly D1038a (Fla. 3d DCA 2025).

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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com