Who bears the responsibility of proving the claim in contentious situations?

In contentious situations, the responsibility of proving the claim falls on the claimant or insured. This stems from the legal principle that the party making a claim or assertion must provide evidence to support their position. In the context of insurance claims, the claimant must demonstrate that there is a valid loss covered under their policy and that the insurer is obligated to pay for that loss.

While insurers have obligations to investigate claims and provide coverage where applicable, they are not required to prove the claim. Instead, their role is often to evaluate the evidence presented by the claimant. The public adjuster, while skilled in representing the insured's interests, acts on behalf of the claimant and does not assume the responsibility of proving the claim.

The option suggesting that both the claimant and the insurer share the burden of proof does not align with the legal standards that typically require the claimant to substantiate the claims made. Therefore, in situations of dispute, the responsibility clearly rests with the claimant to establish the legitimacy of the claim.