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

The burden of proof describes the responsibility of a party to present evidence to support their claim in court. In an insurance litigation case, the burden is typically placed on the party bringing the lawsuit (known as the plaintiff) to prove the facts and cause of their claim against the party defending the claim (known as the defendant). In New York, the burden of proof in an insurance litigation case is determined by the “Preponderance of the Evidence” standard. This means that the plaintiff must prove that the allegations of their claim (here, an insurance-related case) are more likely true than not. This standard is also sometimes referred to as “51%” or “greater weight” because the plaintiff must demonstrate that the claim is likely true by 51% or more. The burden of proof in insurance litigation cases is an important consideration for attorneys and other legal professionals in New York. Preponderance of the evidence is the legal standard used to decide a case, so attorneys must present evidence that will meet this standard in order to support their claims. Furthermore, this burden of proof often applies to both sides of a dispute, so attorneys must keep this in mind when trying to defeat the claim of the opposing party.

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