burden of proving defense in Pennsylvania

2026Significantly, “the presumption must always be against the waiver of a constitutional right,” and we are bound to “place the burden of proving waiver on the Commonwealth.” Commonwealth v. Robinson, 970 A.2d 455, 458 (Pa.Super. 2009) (en banc) (internal citations omitted).

2025Significantly, “the presumption must always be against the waiver of a constitutional right,” and we are bound to “place the burden of proving waiver on the Commonwealth.” Commonwealth v. Robinson, 970 A.2d 455, 458 (Pa.Super. 2009) (en banc) (internal citations omitted).

2023Commonwealth v. Monica, 597 A.2d 600, 603 (Pa. 1991).

2020Commonwealth v. Monica, 597 A.2d 600, 603 (Pa. 1991) (emphasis removed).

2018Thereafter, the insurer must -8- J-A27013-17 prove that the loss falls within a particular exclusion.”) (citations omitted).5 Accordingly, we apply the standard set forth supra. See Spece, 850 A.2d at 682 (“Where an insurer relies on a policy exclusion as the basis for its denial of coverage..., the insurer has asserted an affirmative defense, and accordingly, bears the burden of proving such defense.”).

2009Group, 850 A.2d 679, 682 (Pa.Super.2004) (“Where an insurer relies on a policy exclusion as the basis for its denial of coverage ..., the insurer has asserted an affirmative defense, and accordingly, bears the burden of proving such defense.”); see also Betz, 957 A.2d at 1252-53 . ¶ 10 In support of its decision to deny coverage under the Penn Pac Endorsement and Business Income (and Extra Expense) Coverage Form, Penn National relies on the language of the concurrent cause exclusion, which, as the parties stipulated, provides that Penn National “will not pay for loss or damage caused directly

2020See Commonwealth v. Collins, 810 A.2d 698, 701 (Pa.Super. 2002) (concluding that “when a defense is asserted that relates to the defendant’s mental state or information that is peculiarly within the defendant’s own knowledge and control, the general rule is that the defendant has the burden of proving the defense by a preponderance of the evidence”).

2020See Commonwealth v. Collins, 810 A.2d 698, 701 (Pa. Super. 2002) (stating that “when a defense is asserted that relates to the defendant’s mental state or information that is peculiarly within the defendant’s own knowledge and control, the general rule is that the defendant has the burden of proving the defense by a preponderance of the evidence.”).

2017Moreover, “[w]here an insurer relies on a policy exclusion as the basis for its denial of coverage, the insurer has asserted an affirmative defense, and accordingly, bears the burden of proving such defense.” Id. (citations omitted).

2017“Where an insurer relies on a policy exclusion as the basis for its denial of coverage and refusal to defend, the insurer has asserted an affirmative defense and, accordingly, bears the burden of proving such defense.” Madison Const., 735 A.2d at 106 .

2021In penalty petition proceedings, the claimant “bears the burden of proving a violation of the Act occurred.” Gumm v. Workers’ Compensation Appeal Board (Steel), 942 A.2d 222, 232 (Pa. Cmwlth. 2008).

2019In penalty petition proceedings, the claimant “bears the burden of proving a violation of the Act occurred” and, if met, the burden “shifts to the employer to prove it did not violate the Act.” Dixon v. Workers’ Compensation Appeal Board (Steel), 942 A.2d 222, 232 (Pa. Cmwlth. 2008).

2017See Commonwealth v. Rishel, 658 A.2d 352, 355 (Pa.Super. 1995), reversed on other grounds 681 A.2d 162 (Pa.1996).

2017See Commonwealth v. Rishel, 658 A.2d 352, 355 (Pa.Super. 1995), reversed on other grounds 681 A.2d 162 (Pa.1996).

2017Commonwealth v. Hawkins, 953 A.2d 1248, 1253 (Pa. 2008).

2016Commonwealth v. Hawkins, 953 A.2d 1248, 1253 (Pa. 2008).

1990Stevens v. Myers, [ 419 Pa. 1 , 213 A.2d 613 (1965) ]. 477 Pa. at 221-222 , 285 A.2d at 526 . * * * Furthermore, the Commonwealth's burden of proving waiver of one’s appellate rights by a preponderance of the evidence, in silent record cases, has been settled law in this jurisdiction since 1968.

1988Commonwealth v. Ezell, [ 431 Pa. 101 , 244 A.2d 646 (1968) ]; Commonwealth ex rel Stevens v. Myers, [ 419 Pa. 1 , 213 A.2d 613 (1965)]. 447 Pa. at 221-222 , 285 A.2d at 526 ____ Furthermore, the Commonwealth’s burden of proving waiver of one’s appellate rights by a preponderance of the evidence, in silent record cases, has been settled law in this jurisdiction since 1968.

2021Appeal Bd. (Medrad, Inc.), 134 A.3d 518, 525 (Pa. Cmwlth. 2016) (quoting Gumm v. Workers’ Comp.

2020Appeal Bd. (Medrad, Inc.), 134 A.3d 518, 525 (Pa. Cmwlth. 2016) (footnote omitted).

2017See Commonwealth v. Rishel, 658 A.2d 352, 355 (Pa.Super. 1995), reversed on other grounds 681 A.2d 162 (Pa.1996).

2017See Commonwealth v. Rishel, 658 A.2d 352, 355 (Pa.Super. 1995), reversed on other grounds 681 A.2d 162 (Pa.1996).

2011Pulice v. State Ethics Commission, 713 A.2d 161, 162 (Pa.Cmwlth.1998).

2011Pulice v. State Ethics Commission, 713 A.2d 161, 162 (Pa.Cmwlth.1998).

2023“The burden of proving a privilege rests on the party asserting it.” Off. of the Governor v. Davis, 122 A.3d 1185, 1191 (Pa. Cmwlth. 2015) (citing Heavens v. Dep’t of Env’t Prot., 65 A.3d 1069 (Pa. Cmwlth. 2013)).

2020“The burden of proving a privilege rests on the party asserting it.” Office of Governor v. Davis, 122 A.3d 1185, 1191 (Pa. Cmwlth. 2015).

2019This Court has consistently held that “imposition of a penalty under the Act is at the discretion of the WCJ and is not required, even if a violation is apparent on the record.” Curren v. Workers’ Compensation Appeal Board (City of Chester), 863 A.2d 624, 630 (Pa. Cmwlth. 2004) (emphasis added).

2019This Court has consistently held that “imposition of a penalty under the Act is at the discretion of the WCJ and is not required, even if a violation is apparent on the record.” Curren v. Workers’ Compensation Appeal Board (City of Chester), 863 A.2d 624, 630 (Pa. Cmwlth. 2004) (emphasis added).

2016Whether [the] defendant was represented by private or court- appointed counsel. . .are distinctions with no legal significance. [Norman], 477 Pa. at 221-22, 285 A.2d at 526 . *** Moreover, as stated by the Supreme Court of Pennsylvania on the subject at hand, [T]he trial court, the Commonwealth or trial counsel should place on the record, perhaps immediately after sentence is imposed, a full examination of the accused sufficient to demonstrate that he is aware of his right of appeal and his right of counsel for that purpose, and that he understands the full import of these rights as well as th

1987Commonwealth v. Ezell, [ 431 Pa. 101 , 244 A.2d 646 (1968) ]; Commonwealth ex rel Stevens v. Myers, [ 419 Pa. 1 , 213 A.2d 613 (1965) ]. 477 Pa. at 221-222, 285 A.2d at 526 ____ Furthermore, the Commonwealth’s burden of proving waiver of one’s appellate rights by a preponderance of the evidence, in silent record cases, has been settled law in this jurisdiction since 1968.

2000When an insurance company relies on a policy exclusion as the basis for its denial of coverage and refusal to defend, as the plaintiff has in this matter, “the insurer has asserted an affirmative defense and, accordingly, bears the burden of proving such defense.” Madison Construction Company v. Harleysville Mutual Insurance Company, 557 Pa. 595, 605 , 735 A.2d 100, 106 (1999) (citing Erie Insurance Exchange v. Transamerica Insurance Co., 516 Pa. 574, 580 , 533 A.2d 1363, 1366 (1987)).

2000When an insurance company relies on a policy exclusion as the basis for its denial of coverage and refusal to defend, as the plaintiff has in this matter, “the insurer has asserted an affirmative defense and, accordingly, bears the burden of proving such defense.” Madison Construction Company v. Harleysville Mutual Insurance Company, 557 Pa. 595, 605 , 735 A.2d 100, 106 (1999) (citing Erie Insurance Exchange v. Transamerica Insurance Co., 516 Pa. 574, 580 , 533 A.2d 1363, 1366 (1987)).

2025Allegis Group & Broadspire v. Workers’ Compensation Appeal Board (Coughenaur), 7 A.3d 325 (Pa. Cmwlth. 2010).

2024Appeal Bd. (Coughenaur), 7 A.3d 325, 328 (Pa. Cmwlth. 2010).

2021Id.

2021Id.

2021Id. at 162 n. 11.

1982Commonwealth v. Story, 476 Pa. 391 , 406 n. 11, 383 A.2d 155 , 162 n. 11 (1978).

2017Appeal Bd. (Ford), . . . 602 A.2d 446, 448 ([Pa. Cmwlth.] 1992)). ‘Further, a claimant who files a penalty petition bears the burden of proving a violation of the Act occurred.

2017If the claimant meets his or her initial burden of proving a violation, the burden then shifts to the employer to prove it did not violate the Act.’ Id. (citation omitted). [FN]5 Added by Section 3 of the Act of February 8, 1972, P.L. 25, 77 P.S. § 991.

1975On July 1, 1974, the Pennsylvania Supreme Court decided Commonwealth v. Rose, 457 Pa. 380 , 321 A.2d 880 (1974), which held that it was error for the trial court to place on the defendant the burden of proving the defense of intoxication to the charge of murder.

1975On July 1, 1974, the Pennsylvania Supreme Court decided Commonwealth v. Rose, 457 Pa. 380 , 321 A.2d 880 (1974), which held that it was error for the trial court to place on the defendant the burden of proving the defense of intoxication to the charge of murder.

2009See Uderra, 862 A.2d at 87 (rejecting proffer of McMahon tape in support of Batson claim because the training tape was substantially remote from the appellant's trial, both temporally and factually); Commonwealth *1146 v. Lark, 560 Pa. 487 , 746 A.2d 585, 588-89 (2000) (holding that the mere existence of the videotape of the lecture of Jack McMahon does not establish intentional discrimination in a particular case, nor does it relieve a PCRA petitioner of the burden of proving his claim under Batson ); Commonwealth v. Rollins, 558 Pa. 532 , 738 A.2d 435 , 443 n. 10 (1999) (holding that mere ex

2009See Uderra, 862 A.2d at 87 (rejecting proffer of McMahon tape in support of Batson claim because the training tape was substantially remote from the appellant's trial, both temporally and factually); Commonwealth *1146 v. Lark, 560 Pa. 487 , 746 A.2d 585, 588-89 (2000) (holding that the mere existence of the videotape of the lecture of Jack McMahon does not establish intentional discrimination in a particular case, nor does it relieve a PCRA petitioner of the burden of proving his claim under Batson ); Commonwealth v. Rollins, 558 Pa. 532 , 738 A.2d 435 , 443 n. 10 (1999) (holding that mere ex

1977In this appeal from the judgment of sentence of the Court of Common Pleas of Luzerne County of May 21, 1976, appellant challenges the alibi instruction given by the lower court. 4 Prior to Commonwealth v. Bonomo, 396 Pa. 222 , 151 A.2d 441 (1959), it was permissible for a trial judge to instruct the jury both that the Commonwealth bears the burden of proving the accused guilty beyond a reasonable doubt and that the accused has the burden of proving the defense of alibi by a preponderance of the evidence.

1977In this appeal from the judgment of sentence of the Court of Common Pleas of Luzerne County of May 21, 1976, appellant challenges the alibi instruction given by the lower court. 4 Prior to Commonwealth v. Bonomo, 396 Pa. 222 , 151 A.2d 441 (1959), it was permissible for a trial judge to instruct the jury both that the Commonwealth bears the burden of proving the accused guilty beyond a reasonable doubt and that the accused has the burden of proving the defense of alibi by a preponderance of the evidence.