Hrybar v. Metropolitan Life Ins.

In our view, there are two questions for consideration in this case: (1) Does the controversy present a jury question, and (2) Were the instructions submitted by the trial court free from prejudicial error?

There can be no dissent from the proposition that in an action on a clause in a life insurance policy providing for the payment of an increased amount in case of death by external, violent and accidental means, the burden is on the plaintiff-beneficiary to establish a prima facie case of death by accidental means before recovery may be allowed.

Recently, in the case of Hassay v. Metropolitan…