Discovery
Civ-Pro
Case Summary |
|
3486 In a policy insuring against a specified loss, a clause beginning with the word "however" and going on to state that under certain circumstances such a loss is not covered is a limitation of coverage, rather than an exclusion, so in coverage litigation, the burden of establishing that the loss is covered is on the insured.CitationMORTGAGE v FIDELITY AND DEPOSIT (Limiting Language) 105 CA4 28 [See: Aydin v First State 18 C4 1183, T/AT 9/98; AIU v Superior Court 51 C3 807] |
|
|
|||||
|
|||||
Finz Case Law Summaries (Finz Advance Tapes)
|
|||||
Copyright by Pincus Legal Education, Inc. ©1992 - 2022
|
|||||