Appellate Court of Illinois, 1913

Franklin v. Continental Casualty Co.

Appellate Court of Illinois · Decided October 16, 1913 · Philbriok

184 Ill. App. 259

Cases that cite this one

1 later published case cites this decision.

Wolen v. Metropolitan Life Insurance (Ill. App. Ct. 1936)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Mr. Presiding Justice Philbriok

delivered the opinion of the court.

4. Insurance, § 613*—burden of proving cause of death. In an action for accident insurance, the burden of proof is on the plaintiff to show by a preponderance of all the evidence in the case that deceased came to his death as averred in the declaration, but where the plaintiff by its evidence makes a prima facie case the burden is on the defendant to rebut the same in accordance with his pleas. 5. Insurance, § 697*—when instruction as to burden of proving cause of death not erroneous. In an action for accident insurance, instructions as to the burden of proving cause of death held not to place the burden on defendant to prove by a preponderance of the evidence that deceased came to his death by reason of natural causes, in order to defeat recovery.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.