Huffman v. STATE CAPITAL LIFE INSURANCE COMPANY

Defendant admitted issuance of the policy, death of the insured during the period for which premiums were paid, and that proof of death was duly submitted. Plaintiffs introduced the policy. The admissions and the policy made a prima facie case for the jury and placed on defendant the burden of showing legal excuse for refusing payment according to the terms of the policy. Rhinehardt v. Insurance Co., 254 N.C. 671, 119 S.E. 2d 614; Chavis v. Insurance Co., 251 N.C. 849, 112 S.E. 2d 574. Plaintiffs’ evidence did not establish defendant’s affirmative defenses as a matter of law, and defendant’s…