Oakley v. Industrial Health, Accident & Life Insurance

Winnet, J.,

— Who has the burden of proof? The decision of the case turns on the answer to this question.

The suit by plaintiff is on a life insurance policy. The only fact in issue is whether plaintiff is the beneficiary of the policy. At the trial of the case the question was raised by paragraphs 5 and 6 of the statement of claim and the corresponding paragraphs in the affidavit of defense.* In substance plaintiff stated that the insured, *639through John F. Steele, an agent of defendant, executed a change of beneficiary form naming her as the beneficiary under the policy. The affidavit of…