Laurens v Jersey Mutual [1989] JLR 205 (04 May 1989)

The burden of proof lies on the insurer to establish that a claim falls within an exception or restriction of the policy after the insured has made a prima facie case for indemnity.

Citation: [1989] JLR 205
Parties: Applicant: Laurens; Respondent: Jersey Mutual
Jurisdiction: Jersey
Judgment Date: 04 May 1989
Procedural Posture: Civil / Judgment
Outcome: judgment for applicant
Legal Topics: Burden of Proof, Policy Exceptions, Indemnity

Insurance Law Burden of Proof Policy Exceptions Indemnity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2

Parties

Laurens

Applicant

Jersey Mutual

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the insurer bears the burden of proving that a claim falls within a policy exception once the insured establishes a prima facie case for indemnity.

Ratio Decidendi

The burden of proof lies on the insurer to establish that a claim falls within an exception or restriction of the policy after the insured has made a prima facie case for indemnity.

Court Disposition

judgment for applicant