Franklin v. Continental Casualty Co.

Appellate Court of Illinois

Franklin v. Continental Casualty Co.

184 Ill. App. 259

CourtAppellate Court of Illinois

DecidedOctober 16, 1913

StatusPublished

Cited by1 cases

This text of 184 Ill. App. 259 (Franklin v. Continental Casualty Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Franklin v. Continental Casualty Co., 184 Ill. App. 259 (Ill. Ct. App. 1913).

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Opinion

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.

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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.

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Bluebook (online)

184 Ill. App. 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franklin-v-continental-casualty-co-illappct-1913.

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