Darby v. Interstate Life & Accident Insurance

Eberhakdt, Judge.

Where an insurance company seeks to invoke an exclusion contained in its policy, it has the burden of showing that the facts came within the exclusion. Gaynor v. Travelers Ins. Co., 12 Ga. App. 601 (5) (77 SE 1072). Thus, in the case sub judice, when the insurance company, in defense to plaintiff’s action, contended that the insured was intentionally shot by one Davis, the burden was on it to show that such was the case. In Davis’ affidavit he asserted that he “meant to shoot him [the insured] because he said he had a gun and reached into his pocket.” The facts established by…