What is the standard of proof in an insurance litigation case?

The standard of proof in an insurance litigation case is the level of evidence required to win the case. In Georgia, the standard of proof is typically “preponderance of the evidence.” This means that the evidence presented must make it more likely than not that the claim is true. The preponderance of the evidence standard is used in civil cases. The opposing side has the burden of proof, which means that they must present evidence that shows that the claim is true. In order to meet the preponderance of the evidence standard, the evidence presented must be more convincing than the evidence presented by the opposing side. The jury will consider the evidence presented by both sides and make a decision based on which side they believe is more convincing. The jury may also consider the credibility of the witnesses and other factors when making their decision. In some cases, the standard of proof is a higher standard called “clear and convincing evidence.” This means that the evidence must be of a higher standard and must be substantially more convincing than the evidence presented by the opposing side. This higher standard of proof is typically used in cases involving contracts and other complex matters. No matter the standard of proof, the burden is on the opposing side to prove their case. It is important to remember that the jury will consider all of the evidence and make a decision based on which side they believe is more convincing.

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