Terrell v. Life Insurance Company of Virginia

It is stipulated by counsel that policy No. 1034585, executed by defendant on the life of Matthew Marion Terrell, was delivered to him by defendant’s agent on 2 December 1963, that premiums were paid on said policy, and that proof of death was duly submitted. This makes out a prima facie case, and nonsuit is improper except where plaintiff’s evidence establishes defendant’s affirmative defense. Rhinehardt v. Insurance Co., 254 N.C. 671, 119 S.E. 2d 614. Appellant contends that nonsuit should have been granted because deceased did not reveal that he had suffered an attack and seizure of…