Moore v. Union Fidelity Life Insurance

HEDRICK, Judge.

The sole argument propounded by plaintiff in her brief is that “[t]he trial court committed prejudicial error by instructing the jury that if they were unable to determine where the truth lies that the insured died as a result of a self-inflicted gunshot wound, that they should not find an accidental death.” Plaintiff argues that defendant’s contention that Allan Moore’s death was suicide is an affirmative defense for which defendant bears the burden of persuasion, and that the court erred in failing to so instruct.

*743Our decision on this appeal is controlled by Moore v. Union…