What must a plaintiff prove to be indemnified for damages caused by a policyholder?

To be indemnified for damages caused by a policyholder, a plaintiff must prove all four elements of negligence. These elements typically include duty, breach of duty, causation, and damages.

The duty refers to the obligation the policyholder had to act with reasonable care to avoid causing harm to others. Breach of duty involves demonstrating that the policyholder failed to meet that standard of care. Causation establishes that the breach directly resulted in the damages suffered by the plaintiff, linking the policyholder's actions to the harm experienced. Finally, damages must be quantified; the plaintiff must show that they incurred actual losses as a result of the policyholder’s negligence.

This comprehensive proof is essential because indemnification from an insurance policy is generally contingent upon establishing that negligence occurred, thus justifying the claims made against the insurer to cover the losses incurred.