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HUFFMAN v. STATE CAPITAL LIFE INSURANCE COMPANY

No. 7025DC108.

174 S.E.2d 17 (1970)

8 N.C. App. 186

Doyt HUFFMAN, Administrator of the Estate of Ruth Huffman, Deceased, and Burke County Savings & Loan Association v. STATE CAPITAL LIFE INSURANCE COMPANY.

Court of Appeals of North Carolina.

May 27, 1970.

Attorney(s) appearing for the Case

Byrd, Byrd & Ervin, by Robert B. Byrd, and John W. Ervin, Jr., Morganton, for plaintiffs-appellees.

Allen, Steed & Pullen, Raleigh, and Patton & Starnes, Morganton, by Thomas W. Steed, Jr., Raleigh, for defendant appellant.

PARKER, Judge.

Defendant admitted issuance of the policy, death of the insured during the period for which premiums were paid, and that proof of death was duly submitted. Plaintiffs introduced the policy. The admissions and the policy made a prima facie case for the jury and placed on defendant the burden of showing legal excuse for refusing payment according to the terms of the policy. Rhinehardt v. Insurance Co., 254 N.C. 671

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