DARBY v. INTERSTATE &c. INS. CO.

39961.

107 Ga. App. 409 (1963)

130 S.E.2d 360

DARBY v. INTERSTATE LIFE & ACCIDENT INSURANCE COMPANY.

Court of Appeals of Georgia.

Decided February 26, 1963.


Attorney(s) appearing for the Case

Howard T. Oliver, Jr., for plaintiff in error.

Wheeler, Robinson & Thompson, B. Carl Buice, contra.


EBERHARDT, Judge.

1. Where an insurance company seeks to invoke an exclusion contained in its policy, it has the burden of showing that the facts came within the exclusion. Gaynor v. Travelers Ins. Co., 12 Ga.App. 601 (5) (77 SE 1072). Thus, in the case sub judice, when the insurance company, in defense to plaintiff's action, contended that the insured was intentionally shot by one Davis, the burden was on it to show that such was the case. In Davis' affidavit...

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