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Issue: Under New York law, in a disputed insurance matter, must the insurer or insured first prove its case?
| Area of Law: | Insurance Law |
| Keywords: | Insurance dispute; Shifting of burden; Insurer or insured |
| Jurisdiction: | New York |
| Cited Cases: | 46 N.Y.2d 351; 385 N.E.2d 1280; 230 N.Y.S.2d 13; 413 N.Y.S.2d 352; 183 N.E.2d 899 |
| Cited Statutes: | None |
| Date: | 02/01/2001 |
Once the insured makes out a prima facie case that the loss is covered, the burden shifts to the insurer to establish that the loss is expressly excluded from coverage. Sincoff v. Liberty Mut. Fire Ins. Co., 11 N.Y.2d 386, 390, 183 N.E.2d 899, 230 N.Y.S.2d 13, 15-16 (1962); Breed v. Insurance Co. of N. Am., 46 N.Y.2d 351, 353- 54, 385 N.E.2d 1280, 413 N.Y.S.2d 352, 354-55 (1978).
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