“This court has repeatedly held that the burden was upon the insurer to prove an affirmative defense, such as 'fraud on the part of the insured in obtaining the policy, or that a loss apparently covered by the policy came within an exclusionary clause contained in the policy.”
How later courts described this case
- “This court has repeatedly held that the burden was upon the insurer to prove an affirmative defense, such as 'fraud on the part of the insured in obtaining the policy, or that a loss apparently covered by the policy came within an exclusionary clause contained in the policy.”
- “This court has repeatedly held that the burden was upon the insurer to prove an affirmative defense…that a loss apparently covered by the policy came within an exclusionary clause contained in the policy.”
Written by the judges who cited it.
The opinion
Almand, Justice,
dissenting. In my opinion the evidence is insufficient to show bad faith on the part of the insurer.