The Proper Burden of Proof  

Once the insurer proved beyond a preponderance of the evidence that the insured misrepresented a material fact, failed to cooperate in the investigation by attempting the fraud and concealed the truth from the insurer, the denial should have been established on the failure to cooperate ground as well as the misrepresentation, concealment or fraud ground. The proper burden of proof in such a condition is the contract burden -- a preponderance of the evidence. 

 

Read the article to understand how Arizona, and the majority of jurisdictions, overcame the attempt to compel insurers to defend fraud cases by a measure greater than a preponderance.