Fallins v. Durham Life Insurance Co.

The defendant’s exception to the instructions and its motion for nonsuit raise the same question — the sufficiency of the evidence to go to the jury.

In cases of this character “the plaintiff, to establish a prima facie case, must prove (1) the existence of the contract or policy sued on; (2) the death of the insured or the happening of the event provided for in the policy, and the giving of notice and proof of death (or other event), as required by the policy. On the other hand, the burden is on the company to show a violation of conditions avoiding an otherwise valid policy, or exceptions in…