Buchanan v. Nationwide Life Insurance

MARTIN (Harry C.),'Judge.

Defendant first assigns as error the trial court’s denial of its motion for directed verdict. Plaintiffs, by proving the execution and delivery of the policy of life insurance, payment of the premium, and death of the insured, established a prima facie case, and the burden shifted to the defendant to prove that the insured made misrepresentations which voided the policy. Tolbert v. Insurance Co., 236 N.C. 416, 72 S.E. 2d 915 (1952); Willetts v. Insurance Corp., 45 N.C. App. 424, 263 S.E. 2d 300, disc. rev. denied, 300 N.C. 562 (1980). For a directed verdict in favor…