Burden of Proof

Burden of Proof As demonstrated by the ruling of the Fifth Circuit Court of Appeals in Leonard v. Nationwide, insurance companies are advised that in an all risk homeowners insurance policy an "insurer bears the burden of proving that a particular peril falls within a policy exclusion; the insurer must plead and prove the applicability of an exclusion as an affirmative defense". Leonard v. Nationwide Mutual Ins. Co.,499 F.3d 419, 429 (5th Cir. 2007).