Zurich American Insurance Co. v. Ironshore Specialty Insurance Co., No. 18-16937 (9th Cir. 2020)
Annotate this CaseThe Ninth Circuit certified to the Nevada Supreme Court the following questions: Whether, under Nevada law, the burden of proving the applicability of an exception to an exclusion of coverage in an insurance policy falls on the insurer or the insured? Whichever party bears such a burden, may it rely on evidence extrinsic to the complaint to carry its burden, and if so, is it limited to extrinsic evidence available at the time the insured tendered the defense of the lawsuit to the insurer?
Court Description: Certification to Nevada Supreme Court. The panel certified to the Nevada Supreme Court the following questions: Whether, under Nevada law, the burden of proving the applicability of an exception to an exclusion of coverage in an insurance policy falls on the insurer or the insured? Whichever party bears such a burden, may it rely on evidence extrinsic to the complaint to carry its burden, and if so, is it limited to extrinsic evidence available at the time the insured tendered the defense of the lawsuit to the insurer? ZURICH AM. INS. V. IRONSHORE SPECIALTY INS. 3
The court issued a subsequent related opinion or order on January 20, 2022.
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