During a civil action based on fraud by the insured, which of the following does not need to be proven?

In a civil action based on fraud by the insured, it is crucial to understand what elements need to be established for a case to proceed. The correct answer indicates that proving the fire was caused by arson is not necessary to establish fraud on the part of the insured.

Fraud can occur if the insured submitted a false claim or exaggerated a genuine loss. For the plaintiff to succeed in a fraud claim, they must demonstrate that the claimant had insurance, there was a loss, and that the insured submitted a claim. These elements are central in proving the fraud because they establish the context in which the alleged deceptive behavior happened. However, the specific cause of the fire, such as whether it was due to arson or another factor, does not need to be proven in the case of a fraudulent claim; instead, the focus is on the actions and intentions of the insured with respect to the claim itself.

Therefore, demonstrating that the fire was intentionally set (arson) is irrelevant to the specifics of proving fraudulent activity regarding the insurance claim. The key points of fraud relate to the insured's actions and the existence and details of the claim made, not necessarily the specifics of how the fire occurred.