Opinion

Reserve Life Insurance Co. v. Ayers

  • 217 Ga. 206
  • 121 S.E.2d 649
  • 1961 Ga. LEXIS 417
Court
Supreme Court of Georgia
Filed
Sep 11, 1961
Status
Published
Author
Almand
On the bench
Quillian, Almand, Mobley
Cited by
38 cases

“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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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