Policy terms: Where does the onus of proof lie?
The High Court last week confirmed that insurers bear the onus of proving the limit of indemnity under their policies [1]. Background Mr Stewart (Stewart) alleged that he was exposed to asbestos fibre causing the deadly lung condition, mesothelioma, during the course of his employment with Pilkington Bros (Australia) Limited (Pilkington) from 1964 to about […]