Abernethy v. HOSPITAL CARE ASS'N, INC.

In order to recover under an insurance policy, the insured must carry the burden of showing coverage. If, thereafter, the insurer relieves itself of liability, it must carry the burden of showing exclusion from coverage. Fallins v. Ins. Co., 247 N.C. 72, 100 S.E. 2d 214; Collins v. Casualty Co., 172 N.C. 543, 90 S.E. 585. The question before the trial court was whether the evidence established the presence of “gall bladder trouble” at the time the policy became effective. Or does the evidence go no further than present an issue of fact to be determined from the evidence? It may be noted the…