Miller v. Boston Insurance Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating insured bears initial burden to show claim falls within coverage
• “[A] policy against ‘all risks,’ ... ordinarily covers every loss that may happen, except by the fraudulent acts of the insured.”
• in an all risk policy, the insured-plaintiff’s prima facie case consists of showing that a loss was sustained and that the loss falls within the risks insured against
• “A defense based on an exception or exclusion in a policy is an affirmative one, and the burden is cast upon the defendant to establish it.”
• “it is a necessary prerequisite to recovery upon a policy for the insured to show a claim within the coverage provided by the policy.”

Source: CourtListener parenthetical corpus (CC0).