Insurance Issues - The Qualified Undertaking 3816762268780510832-blid-3290485992789343615

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Clearly, if the undertaking to insure against all risks is qualified in the insuring clause, then this may well affect the burden of proof. It is often difficult to decide, however, whether there is truly a qualified undertaking to insure against all risks or whether in fact there is an undertaking to insure against all risks but with an exclusion included in the insuring clause. In the former case, the burden of proof would remain with the assured and, in the latter case, the burden of proof would shift to the insurer.