What is the burden of proving fraud against an insurance company?
MultiRegion, United States of America
The following excerpt is from Canada Life Assurance Company v. Houston, 241 F.2d 523 (9th Cir. 1957):
In a case of this kind, the insurance company has the burden of proving fraud. As was said in Truett v. Onderdonk, 1898, 120 Cal. 581, 588, 53 P. 26, 29, "The presumption is always against fraud, a presumption approximating in strength to that of innocence of crime, * * *."5
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