Legal Opinion

Green v. Southern Farm Bureau Life Insurance Co.

Louisiana Court of Appeal

Decided October 28, 1980No. 14323Published

1Opinion of the Court

MARVIN, Judge.

As beneficiary of an insurance policy on the life of his wife, the husband appeals a judgment rejecting his demands for increased policy proceeds which were provided for accidental death of the insured. The sole issue is whether the record supports the trial court’s finding that the insured committed suicide by shooting herself.

Suicide is an affirmative defense which must be proved by the insurer. CCP 1005, Webster v. New York Life Ins. Co., 160 La. 854, 107 So. 599 (1926); Newdigate v. Acacia Mut. Life Ass’n, 180 La. 979, 158 So. 358 (1934).

*978Here we have credible witnesses…

2Cases cited2 opinions

  1. Webster v. New York Life Ins. Co.Supreme Court of Louisiana · 1926
  2. Newdigate v. Acacia Mut. Life Ass'n.Supreme Court of Louisiana · 1934

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