Cielen v. Aetna Life Ins. Co.

1 Citing case

  1. Prater v. J.C. Penney Life Ins. Co.

    155 Ill. App. 3d 696 (Ill. App. Ct. 1987)   Cited 9 times
    Explaining burden-shifting related to a life insurance policy issue

    • 2 Under a life insurance policy providing double indemnity for death caused by accidental, external, and violent means, the plaintiff-beneficiary has the burden of establishing a prima facie case that the death was caused by accidental, external, and violent means. ( Cielen v. Aetna Life Insurance Co. (1967), 86 Ill. App.2d 22, 229 N.E.2d 571, cert. denied (1968), 391 U.S. 915, 20 L.Ed.2d 654, 88 S.Ct. 1809; Dietz v. Metropolitan Life Insurance Co. (1940), 305 Ill. App. 507, 27 N.E.2d 540.) Where the policy excludes coverage for death caused while the insured was committing or attempting to commit an assault or felony, defendant then has the burden of going forward with evidence that the death resulted from such a cause. (See Hotwick v. Equitable Life Assurance Society (1972), 5 Ill. App.3d 327, 282 N.E.2d 222; Zwierzycki v. Metropolitan Life Insurance Co. (1942), 316 Ill. App. 345, 45 N.E.2d 76.) Plaintiff, however, retains the burden of proof.