1.15 Burdens of Proof

• Jurisdiction: Arizona

The insured has the burden of proving that a particular loss is due to an insured risk.^[205] To establish a prima facie case of coverage, the insured must prove the insurance policy existed, the insured event happened, and notice as required by the policy was given.^[206] The insured must establish these elements by a preponderance of the evidence.^[207]

[T]he [insured] has the burden of proving that his loss comes within the coverage stated in the policy; . . . this burden is not met if the evidence is so inadequate or uncertain as to leave reasonable minds in a state of doubt or conjecture, but can only be satisfied by evidence which meets the universally recognized standard of proof required to establish facts in a civil case, that is, by a preponderance of the evidence. This requires that the evidence be such that reasonable minds acting fairly thereon could believe that the existence of the fact is more probable or more likely than its nonexistence, so that a person of ordinary precedence could believe the fact with sufficient assurance to act upon it in relation to matters of serious concern in his own affairs.^[208]

The insurance carrier has the burden of proving that a particular loss was excluded by the policy.^[209] "A [carrier], asserting a policy defense, has...