Need to Prove the Policy

The first obligation of an insured suing an insurance company is to prove the existence and the terms of the insurance policy on which the claim and suit are based. The party seeking coverage bears the burden of proving the existence of the policy as well as its material terms.

Lost or Destroyed Policy of Insurance

Insurance claims often arise long after the expiration of a policy that may still be required to provide defense and indemnity to the insured. The proof of such policies has created a new and unique profession called insurance archaeology. When the insurance contract was effectively cancelled by agreement of the parties voluntarily and knowingly done when the Lost Policy Cancellation Release was signed and executed. T U.S. Fire Ins. Co. v. Coggins, 195 So.2d 482 (Miss., 1967).