Legal Opinion

Interstate Life & Accident Insurance v. Wilmont

Court of Appeals of Georgia

Decided February 17, 1971No. 45878PublishedCited by 1 opinion

1Opinion of the Court

Evans, Judge.

1. While the petitioner under a special accident insurance policy has the burden of showing the insured sustained bodily injuries solely through violent, external, accidental means, which resulted directly and independently of all other causes in the death of the insured within the terms of the policy, yet the petitioner does not assume the burden of submitting evidence to negate an exclusion in the policy. Hartford Acc. Ins. Co. v. Hulsey, 109 Ga. App. 169 (2) (135 SE2d 494). Where the insurer seeks to invoke an exclusion contained in its policy, it has the burden of proving the…

2Cases cited17 opinions

  1. Gaynok v. Travelers InsuranceCourt of Appeals of Georgia · 1913
  2. New York Life Insurance v. KingCourt of Appeals of Georgia · 1922
  3. Ryder v. StateSupreme Court of Georgia · 1897
  4. Bass v. BassSupreme Court of Georgia · 1966
  5. Georgia Railroad & Banking Co. v. LybrendSupreme Court of Georgia · 1896

12 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Interstate Life &C. Ins. Co. v. WilmontCourt of Appeals of Georgia · 1971

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