Atkinson v. Life of Virginia

The majority has failed to accord the wife-beneficiary the presumptions to which she is entitled. It was shown that Atkinson’s death was caused by violent and external means. This having been established, presumptions arose that the decedent’s death was accidental and was not suicidal. The burden was on the insurer to establish suicide by clear and satisfactory evidence to the exclusion of any reasonable hypothesis of accidental death. Life & Casualty v. Daniel, 209 Va. 332, 163 S.E.2d 577 (1968); Harless v. Atlantic Life Ins. Co., 186 Va. 826, 44 S.E.2d 430 (1947); and Life Ins. Co. v.…