California Civil Jury Instructions (CACI) (2017)

2304. Exception to Insurance Policy Exclusion—Burden of Proof

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2304.Exception to Insurance Policy Exclusion—Burden of Proof
[Name of plaintiff] claims that [his/her/its] [liability/loss] is covered under
an exception to a specific coverage exclusion under the policy. To
establish this coverage, [name of plaintiff] must prove that [his/her/its]
[liability/loss] [arises out of/is based on/occurred because] [state
exception to policy exclusion].
New September 2003
Directions for Use
The instructions in this series assume the plaintiff is the insured and the defendant
is the insurer. The party designations may be changed if appropriate to the facts of
the case.
Use this instruction only if the insurer is asserting that the insured’s claim is
subject to an exclusion.
Sources and Authority
• “The burden is on an insured to establish that the occurrence forming the basis
of its claim is within the basic scope of insurance coverage. And, once an
insured has made this showing, the burden is on the insurer to prove the claim
is specifically excluded.” (Aydin Corp. v. First State Insurance Co. (1998) 18
Cal.4th 1183, 1188 [77 Cal.Rptr.2d 537, 959 P.2d 1213], internal citations
• Once the insurer proves that the specific exclusion applies, the insured “should
bear the burden of establishing the exception because ‘its effect is to reinstate
coverage that the exclusionary language otherwise bars.’ ” (Aydin Corp., supra,
18 Cal.4th at p. 1188.)
Secondary Sources
Croskey et al., California Practice Guide: Insurance Litigation (The Rutter Group)
¶¶ 15:913–15:915.5
1 California Liability Insurance Practice: Claims & Litigation (Cont.Ed.Bar)
Analyzing Coverage: Reading and Interpreting Insurance Policies, § 3.63
26 California Forms of Pleading and Practice, Ch. 308, Insurance (Matthew
12 California Points and Authorities, Ch. 120, Insurance, §§ 120.40, 120.42
(Matthew Bender)