Linder v. Prudential Insurance Co. of America

MORRIS, Chief Judge.

Plaintiff assigns as error the trial court’s entry of a directed verdict in favor of defendant insurance company. The court concluded that the plaintiff’s evidence failed to establish that insured’s death occurred under circumstances within the insuring provisions of the policy.

The burden is upon plaintiff, as named beneficiary in the insurance policy, to produce evidence sufficient to bring insured’s death within the policy’s insuring provisions. Barnes v. Insurance Co., 271 N.C. 217, 155 S.E. 2d 492 (1967). Therefore, in reviewing the propriety of the directed verdict,…