Summary
noting that when insurers deny a claim, the burden of proof is on the insured to show that the insurance company received "due proof" of the claim and that the policy provisions have been satisfied
Summary of this case from Woodley v. Monumental Life Insurance Co.Opinion
Gen. No. 41,843. (Abstract of Decision.)
Opinion filed March 24, 1942 Rehearing denied April 11, 1942
INSURANCE, § 511 — cause of death as question for jury. In an action by plaintiff to recover an additional indemnity provided for in an insurance policy in case the insured died as the result directly and independently of all other causes of bodily injuries through external, violent and accidental means, and not the result of self-destruction, and the insured was found dead, sitting in the front seat behind the steering wheel of his automobile in the family garage, and the complaint alleged that the insured died as the result of being accidentally asphyxiated by inhalation of carbon monoxide gas, a verdict for plaintiff was supported by the record.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. JOHN PRYSTALSKI, presiding.
Judgment affirmed. Heard in second division, first district, this court at October term, 1941; opinion filed March 24, 1942.
Hoyne, O'Connor, Rubinkam Melaniphy, for appellant;
Nathaniel Rubinkam and John C. Melaniphy, of counsel;
John B. Fruchtl, for appellee.
"Not to be published in full." Opinion filed March 24, 1942; rehearing denied April 11, 1942.