American National Insurance v. Anderson

1. A condition in a life-insurance policy, that the contents of the proofs of death required by the policy “shall be evidence of the facts therein stated in behalf of, but not against the company,” is valid. Fair v. Metropolitan Life Ins. Co., 5 Ga. App. 708 (3) (63 S. E. 812). In a suit upon such a policy the proofs of death furnished in compliance with the provision of the policy constitute prima facie evidence of the facts stated therein, and, when unexplained or rebutted, are, as against the plaintiff, conclusive proof of these facts. 37 C. J. 560; Mutual &c. Insurance Co. v. Newton, 89…