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

In insurance litigation cases in Oregon, the standard of proof is determined by the burden of proof. In Oregon, the burden of proof in civil litigation is determined by the preponderance of the evidence, also known as the “balance of probabilities.” This means that the burden of proof is on the plaintiff or claimant to prove that the statement of the facts is more likely than not. In other words, the plaintiff must present evidence that is more persuasive than the evidence presented by the defendant or opposing party. In insurance cases, the burden of proof is on the claimant to prove their claim. This means that the claimant must present reliable, admissible evidence to prove the statements of the facts being disputed. This may include documents, testimony, or expert opinions. The burden of proof must be met in order for the jury or judge to renders a verdict in the case. If the claimant is able to meet or exceed the burden of proof, then the jury or judge will determine that the claim is true and the claimant is entitled to what they are seeking. Similarly, if the defendant is able to meet or exceed the burden of proof, then the jury or judge will find that the claim is false and the defendant will be absolved of any responsibility. In an insurance case, the burden of proof is ultimately left up to the jury or judge based on the evidence presented.

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