The Standard of Proof in Civil Cases: An Insurance Fraud Perspective

Abstract

This article discusses the burden and standard of proof as they apply to cases of insurance fraud, and notes some important historical developments in the law. The tremendous importance of the exact burden and standard of proof arises from the fact that fraud by its very nature is something that the perpetrator will wish to conceal and that there will be very little proof of any nature available or accessible. The insurer may easily find itself bringing complicated circumstantial evidence as to such elusive matters as the insured's general financial situation; the reasonableness of the valuation of the ship; or the communications that took place between the insured and third parties, perhaps requiring extensive procedural disclosure.