SDV Insights

Affirmed: Insureds Bear the Burden of Allocating Covered Versus Uncovered Losses


The Second Circuit recently affirmed that an insured bears the burden of distinguishing between covered and uncovered damages in a claim against an insurance company.  In Uvino v. Harleysville, the insureds tried to argue that the burden shifted to the insurer, but they were unsuccessful due to the insureds’ failure to present any evidence on the allocation issue in the underlying case or in the trial of the coverage case.  This case serves as a reminder of the importance of ensuring that the jury in the underlying case allocates damages between covered and uncovered claims in order for the insured to be successful in a later insurance coverage action.

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