Legal Opinion
Metropolitan Life Ins. v. Hogan
Court of Appeals for the Seventh Circuit
Decided March 10, 1933No. 4860PublishedCited by 1 opinion
1Opinion of the CourtSparks, Circuit Judge
(after stating the facts as above).
It is first contended by appellant that there is no substantial evidence in the record which discloses that insured came to his death by accidental means. The burden of proving that fact was upon appellee. Burkett v. New York Life Insurance Co. (C. C. A.) 56 F.(2d) 105; Fidelity & Casualty Company of New York v. Weise, 182 Ill. 496, 55 N. E. 540. The presumption is that the death was not self-inflicted. Connecticut Mutual Life Insurance Co. v. Akens, 150 U. S. 468, 14 S. Ct. 155, 37 L. Ed. 1148. That presumption together with the pertinent circumstances…
2Cases cited12 opinions
- Hartford Fire Insurance v. WalshIllinois Supreme Court · 1870
- Connecticut Mutual Life Insurance v. AkensSupreme Court of the United States · 1893
- Fidelity & Casualty Co. v. WeiseIllinois Supreme Court · 1899
- Life Insurance v. FranciscoSupreme Court of the United States · 1873
- Pacific Mut. Life Ins. Co. of California v. BartonCourt of Appeals for the Fifth Circuit · 1931
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Aviation Enterprises, Inc. Ex Rel. Jones v. ClineMissouri Court of Appeals · 1965