2620 REVIEW GRANTED In a coverage dispute in which the insured seeks benefits under a policy, the insured has the burden of establishing that coverage existed by proving, among other things, the policy language; if the policy is lost, its contents can be proven by secondary evidence, but in this case the insured failed to present sufficient evidence of policy language to justify finding that coverage existed under the policy.CitationDART v COMMERCIAL UNION (Lost Policy) 77 CA4 916 [See: Montrose v Superior Court 6 C4 287, T/AT 1/94; Aydin v First State 18 C4 1183, T/AT 9/98]
|
|