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p0228 In litigation regarding coverage under a lost policy, the insured is not required to prove the contents of the policy verbatim, but has the burden of proving that s/he was insured under the lost policy during the period in issue and the substance of the terms of the lost policy material to the claim, whereupon the burden shifts to the insurer to prove the substance of any policy provision that functions to defeat the insured's claim.CitationDART v COMMERCIAL UNION (Lost Policy) 28 C4 1059 [See: EvC 1521 etseq; Posten v Rassette 5 C 467; Dart v Commercial Union (RevGrtd) 77 CA4 916, T/AT 2/00]
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