The insurer appealed a judgment for the insured in an action for benefits under a sickness and accident policy.
The trial judge instructed the jury that because the insurer had accepted the claim and made some payments, it bore the legal burden of proof to establish that the insured was not totally disabled.
The Court of Appeal found this instruction to be an error, holding that the insured bore the legal burden of proof.
However, the appeal was dismissed as the misdirection did not result in any substantial wrong or miscarriage of justice.
