The onus of proof

18.01 The assured must satisfy the court or tribunal that is hearing his claim that he has suffered a loss that falls within the cover afforded by the terms of the policy of insurance. The assured need not prove that he has complied with the duty of the utmost good faith, whether it concern the pre-contractual duty of fair presentation of the risk or the presentation of a claim. The burden of proving the breach of such a duty, whether it be a non-disclosure,1 a misrepresentation2 or a fraudulent claim,3 lies on the insurer. This