What is the test for reversal of a finding that the burden of proving suicidal intent was on the insurance company?
California, United States of America
The following excerpt is from Searle v. Allstate Life Ins. Co., 212 Cal.Rptr. 466, 38 Cal.3d 425, 696 P.2d 1308 (Cal. 1985):
The burden of proving suicidal intent was on the insurance company and reversal is proper if the erroneous instruction was likely to mislead the jury and thus become a factor in its verdict. (Henderson v. Harnischfeger Corp. (1974) 12 Cal.3d 663, 670, 117 Cal.Rptr. 1, 527 P.2d 353.)
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