What must be proven to file a claim against an insured?

To successfully file a claim against an insured, it is essential to demonstrate proof of negligence. This requirement is rooted in the need to establish that the insured was at fault in an incident that caused harm or loss to the claimant. Negligence involves a breach of duty that directly results in damage or injury, and it is a fundamental principle in liability claims. Therefore, without establishing that the insured acted negligently—meaning they failed to act with reasonable care—there would be no legal basis for a claim.

While having a contract of insurance is crucial for the claim to be valid, it is not sufficient alone to support the claim. Additionally, written consent from the insurer is not a prerequisite for filing a claim. The insurer's consent comes into play during the claims process but is not a threshold requirement for initiating a claim. Lastly, a history of prior claims is irrelevant to the current claim; it does not pertain to the proof of negligence necessary for asserting a new claim against an insured. Thus, establishing proof of negligence is the fundamental aspect needed for pursuing a claim.