Burden on insureds to prove exception to exclusion in property policy

Insurance Matters

By Don R. Sampen

Don R. Sampen is a member of the appellate practice group of Clausen, Miller P.C., where he focuses on appellate, commercial and insurance-related litigation. He also teaches insurance law at Loyola University Chicago School of Law. His column appears twice monthly.

Posted February 23, 2021 11:41 AM

The 5th District Appellate Court recently held that insureds have the burden of establishing an exception to an exclusion in a property insurance policy, and because they failed to meet their burden, the insurer had no obligation to provide coverage for water pipe leaks caused by frozen plumbing.The case is Wells v. State Farm Fire & Casualty Insurance Co., 2021 IL App (5th) 190460 (Jan. 4). The insureds, members of the Wells family, were represented by Sanders & Associates of Marion. Brandon & Schmidt of …

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