Warren v. Pilot Life Insurance

We are of opinion that exception to a portion of tbe charge relating to tbe first issue is well taken.

Where, as in this case, tbe defendant insurer seeks to avoid liability under a policy of life insurance on tbe ground that the policy contains provision that it shall be null and void if death of insured resulted from bodily injuries intentionally inflicted by another, tbe burden rests upon tbe defendant to prove facts bringing the case within that provision. Tbe court properly charged tbe jury to this effect. But, after reviewing contention of tbe defendant that tbe assailant, intending to…