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Rule of Evidence


A “rule of evidence” in an insurance policy exists when an insurance carrier attempts to define the types of evidence that must be presented by the insured to demonstrate the substantive circumstances warranting recovery under an insurance policy. Rules of evidence may be used to limit the liability of insurance companies to cases only involving actual theft or burglary, rather than “inside jobs.” An insurance company may not, however, assert a rule of evidence in such a manner as to preclude recovery by the insured for justifiable claims.

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