Who bears the burden of proof to establish that a named insured peril was the proximate cause of a loss in an insurance claim?

In the context of an insurance claim, the policyholder, or the insured party, bears the burden of proof to establish that a covered peril, as defined in their policy, was the proximate cause of the loss they are claiming. This means that it is the responsibility of the policyholder to demonstrate that the loss resulted from an event that the policy explicitly covers.

The rationale behind this requirement is based on the principle that the insured is seeking compensation for a specific loss under the terms of the insurance contract. To fulfill their claim, the policyholder must provide sufficient evidence to support their assertion that the named peril directly caused the loss. This often involves gathering evidence such as documentation, photographs, witness statements, or expert testimony that clearly link the loss to the named peril.

The insurer, independent adjuster, and broker do not carry this burden. The insurer's role is generally to evaluate the evidence presented by the policyholder and determine whether to accept the claim based on their findings. The independent adjuster acts as a neutral party who assesses the validity of the claim but is ultimately reliant on the information provided by the policyholder and the insurance policy itself. The broker acts as an intermediary who facilitates the purchase of the insurance and does not bear the burden of proof