Expert Witness Blog
Liability policies expert witnesses may testify regarding insurance loss claims, insurance policy coverage, liability policies, and related topics. In The Insurer’s Duty to Defend: A Quick Analysis, attorney Thomas H. Veitch, partner with the law firm of Langley & Banack, Inc. in San Antonio, writes:
The issue whether a duty to defend exists is a question of law.
The insured has the initial burden to establish that its claim falls within the scope of coverage provided by the insurance policy.
Thereafter, the burden shifts to the insurer to prove that the claim falls within a policy exclusion or a limitation of coverage.
If the insurer is successful in proving the applicability of an exclusion, the burden then shifts back to the insured to prove that an exception to the exclusion causes the claim to fall within coverage.