Atkinson v. Life of Virginia

217 Va. 208 (1976)

FRANCES KIRBY ATKINSON

v.

THE LIFE INSURANCE COMPANY OF VIRGINIA.

Record No. 751127.

Supreme Court of Virginia.

September 2, 1976.

I would reverse and enter final judgment for appellant.

Present, All the Justices.

1. Beneficiary under an accident policy, or a double indemnity clause, has the burden of proving that injury or death was caused by violent, external and accidental means. Where evidence presented shows, as here, that insured's death was caused by violent and external means, a presumption arises that death was accidental. There is also a presmption against suicide which…