What evidence is required to establish causation in an insurance litigation case?
In an insurance litigation case, the evidence required to establish causation is used to prove that the insured’s injury or property damage was caused by the event or circumstance covered by the insurance policy. To establish causation, a plaintiff must prove that the insurance company had a duty to cover the claim, that the event or circumstance was the actual cause of the injury or damage, and that the damage occurred while the policy was in effect. In some cases, the insurance company may deny causation based on the lack of evidence and testimonials from expert witnesses. In these cases, the plaintiff must present evidence that will convince the court that the damage was caused by the event or circumstance outlined in the insurance policy. This could include police reports, photos of the damaged property, medical records, receipts for repairs, witness statements, and other forms of physical evidence that proves the insured’s injury or property damage was caused by the event or circumstance covered by the policy. The plaintiff must also provide evidence that the injury or property damage occurred while the policy was in effect. This can be done through service records, contracts, and other documentation that proves the date when the policy was in effect. Without this proof, the insurance company may deny coverage based on a lack of evidence or failure to prove causation. By proving both of these elements, the plaintiff can successfully establish causation in an insurance litigation case. With the evidence proving the insured’s injury or property damage was caused by the insured event or circumstance and was sustained while the policy was in effect, the insurance company will be required to pay the claim.
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