Sears v. Pacific Mutual Life Insurance

Citations

• 108 Kan. 516
• 196 P. 235
• 1921 Kan. LEXIS 211

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Accident Insurance — Specific Exceptions in Policy as to Liability— Burden of Proof. Where an accident insurance company seeks to avoid liability because of a specific exception to its general liability under the terms of its policy, and on the ground that the accident and injury were within such exception, the burden of proof rests upon the insurance company to show that the facts of the case fell within the exception clause in the policy which relieved the company from liability.</p> <p>2. Same — Automobile Accident — Ability of Automobile “to Proceed Under Its Own Power.” In an accident insurance policy which provided that the insurer would not be liable for an injury occurring in an automobile accident if the automobile were able to proceed under its own power after the accident, the fair and reasonable interpretation of such exception clause is that the automobile should be able to continue to move in practically the same manner and under the same conditions as existed before the accident, without help or repairs, and with reasonable safety to the occupants and without further damage to the machine itself by its continued operation.</p>