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Legal Opinion

Life & Casualty Insurance v. Daniel

Supreme Court of Virginia

Decided October 14, 1968No. Record 6731Published

1Opinion of the Court 1

209 Va. 332 (1968)

LIFE AND CASUALTY INSURANCE COMPANY OF TENNESSEE

v.

KATHLEEN V. DANIEL.

Record No. 6731.

Supreme Court of Virginia.

October 14, 1968.

Present, All the Justices.

1. Beneficiary making death claim under accident policy, or double indemnity clause of life policy, has burden of proving death was caused by violent, external and accidental means.

2. Assured under accident policy drowned. Circumstances inconclusive on accident or suicide. Not error for trial court to instruct jury on presumption that drowning was accidental and that insurance company had burden of proving suicide, not just…

Also in this document: Opinion of the Court · Harrison.

2Cases cited25 opinions

  1. Dick v. New York Life InsuranceSupreme Court of the United States · 1959
  2. Watkins v. Prudential InsuranceSupreme Court of Pennsylvania · 1934
  3. New York Life Insurance v. GamerSupreme Court of the United States · 1938
  4. Tyrrell v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1937
  5. Zuckerman v. Underwriters at Lloyd'sCalifornia Supreme Court · 1954

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