Who has to prove what in a claim?

Short answer

The split is simpler than people think: you show the loss, the insurer shows the exclusion. That is why all-risks cover is worth so much.

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In a dispute about a loss, what often decides it is not what happened but who cannot prove it. The basic split is simpler than many assume. You have to show that an insured event occurred and how large the loss is. The insurer has to show that an exclusion applies or that you breached a duty.

That is exactly where all-risks cover draws its value. If everything not excluded is insured, it is enough for you to show the boat was damaged. Under named-perils cover you must show that one of the listed perils caused it, and for a boat that took on water overnight in the marina that can be hard. The difference between the two forms of cover is therefore not only one of scope but of proof.

What helps in everyday life is mundane and effective. Photograph your boat completely once a year, inside and out, with the date. Keep invoices for servicing, refits and equipment. And document immediately after an event, before anything is tidied up. Not because anyone suspects you, but because six months later nobody remembers what it looked like before.

Must I prove I was not at fault?

No. Intent and gross negligence have to be proved by the insurer, not their absence by you.

What if I do not know the cause?

Under all-risks cover that is usually harmless, because you do not have to name the cause. Under named perils it becomes a problem.

Interim payment Rescue at sea Claims in English