Johnson v. Ætna Life Insurance
Court of Appeals of Georgia
Action on insurance policy; from Fulton superior court—Judge Pendleton. January 23, 1919.
1Opinion of the CourtSmih, J.
Only an elaboration of the rulings made in the 3d and 4th headnotes is deemed necessary. In an action on an accident policy such as the one sued upon in this case there is no legal presumption that death resulted from an “accident.” On the -contrary, if there is any presumption at all, it is that death resulted from natural causes. Therefore, it will not suffice a plaintiff seeking to recover' on an accident policy to rely upon a presumption that death resulted from accidental means, but the law imposes upon him the burden of proving such fact by competent evidence, either direct or…
2Cases cited3 opinions
- Fulton v. Metropolitan Casualty InsuranceCourt of Appeals of Georgia · 1917
- Cobb v. Preferred Mutual Accident Ass'nSupreme Court of Georgia · 1895
- Continental Casualty Co. v. PittmanSupreme Court of Georgia · 1916
3Cited by25 opinions
- Thompson v. Prudential Insurance Co. of AmericaCourt of Appeals of Georgia · 1951
- Riggins v. Equitable Life Assurance SocietyCourt of Appeals of Georgia · 1941
- Equitable Life Assur. Soc. of United States v. GratiotWyoming Supreme Court · 1932
- Johnson v. National Life & Accident Insurance Co.Court of Appeals of Georgia · 1955
- Continental Assurance Co. v. RothellSupreme Court of Georgia · 1971
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