Hanover Fire Ins. Co. v. Scroggs

In an action on an insurance policy, the proof that the car was stolen makes out a prima' facie case for recovery under policy provisions insuring against theft (Staten v. General Exchange Ins. Corp. of New York, 38 Ga. App. 415, 144 S. E. 53), and the burden of proving that the defendant is not liable because the loss falls within the terms of an exclusion clause is upon the defendant. North British &c. Ins. Co. v. Mercer, 90 Ga. App. 143 (82 S. E. 2d 41). Accordingly, the fact that the petition (which alleged the policy, the theft, and that the theft came within the terms of the policy, but…