Franklin v. Continental Casualty Co.

Appellate Court of Illinois
Franklin v. Continental Casualty Co., 184 Ill. App. 259 (1913)
Philbriok

Franklin v. Continental Casualty Co.

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.

Reference

Full Case Name
Sarah E. Franklin v. The Continental Casualty Company (Incorporated)
Cited By
1 case
Status
Published