Page v. Life Ins. Co. Of Va.
| Decision Date | 07 October 1902 |
| Citation | 42 S.E. 543,131 N.C. 115 |
| Court | North Carolina Supreme Court |
| Parties | PAGE. v. LIFE INS. CO. OF VIRGINIA. |
LIFE INSURANCE—BURDEN OP PROOF—PAYMENT OP PREMIUM—PRIMA FACIE EVIDENCE-— APPOINTMENT OP ADMINISTRATOR — ADMISSIONS IN ANSWER.
1. A defendant in an action on a life policy, who admits the execution of the policy and the death of the assured before the falling due of the first renewal premium, has the burden of proving that the policy was not in force, that no premium had been paid, and that the policy was procured by fraud.
2. The possession of a life policy reciting that it should not be delivered till the first premium was paid is prima facie evidence of payment, subject to be rebutted by proof.
¶ 2. See Insurance, vol. 28, Cent Dig. 55 1657, 1709.
3. Where plaintiff in an action on a life policy introduced the policy, which recited that it should not be delivered till the first premium was paid, and defendant admitted that the insured died before the first renewal premium was due, and offered no evidence, the court properly instructed the jury that, if they believed the evidence, they should find that the policy was in force.
4. A party having the possession of a policy on the life of his intestate has a right to take out administration and sue on the policy, though his intestate was a nonresident, and did not die in the state, nor leave any property therein.
5. Though the answer in an action on a life policy, which admitted the execution of the policy and death of the assured before the falling due of the first renewal premium, was not put in evidence, the admissions could be considered; it being for the court to determine whether the pleadings raised an issue.
Appeal from superior court, Harnett county; Robinson, Judge.
Action by George Page, as administrator of the estate of John Page, deceased, against the Life Insurance Company of Virginia. Judgment for plaintiff, and defendant appeals. Affirmed.
Stewart & Godwin, for appellant.
McLean & Clifford, for appellee.
This is an action upon a policy of life insurance. The answer admitted the execution of the policy and death of the assured prior to the falling due of the first renewal premium, but averred that the policy was not in force at his death; that no premium had been paid, and that the policy was procured by fraud and misrepresentation; that the assured was a nonresident of the state, and owned no property here, and hence that administration had not been legally taken out here. But all these were matters of defense, the burden of which was upon the defense.
The plaintiff introduced the policy, which recited on its face that it was not to be delivered till the first premium was paid....
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...9 L.R.A.,N.S., 349; Bonham v. Craig, 80 N.C. 224. This is so even though the admission is not introduced in evidence. Page v. Life Insurance Co., 131 N.C. 115, 42 S.E. 543; McIntosh: North Carolina Practice and Procedure in Civil Cases, section 4. An answer is a pleading designed to present......
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