McGinnis v. Aetna Life & Casualty Co.

The plaintiff claimed that her motor vehicle which the police found destroyed by fire, had been stolen. The defendant had insured the vehicle against loss by theft but denied coverage on the ground that the plaintiff had intentionally procured the loss.

A judge of the Superior Court sitting without a jury concluded that the insurer had met its burden of proof on its affirmative defense and entered judgment for the defendant. Concluding that the judge had improperly shifted the burden of proof to the plaintiff, the Appeals Court reversed that judgment and ordered a new trial. McGinnis v. Aetna…