Earl Warren

“ Proof of coverage and of death by gunshot wound shifts the burden to the insurer to establish that the death of the insured was due to his suicide. Svihovec v. Woodmen Accident Co., supra. Under North Dakota law, this presumption does not disappear once the insurer presents any evidence of suicide. Ibid. Rather, the presumed fact (accidental death) continues and a plaintiff is entitled to affirmative instructions to the jury concerning its existence and weight. ”

“ And the jury could reject as improbable the court's implicit theory that a man mortally wounded in the chest and bulkily clothed could hold a heavy shotgun at arm's length and shoot off his head particularly when he was wearing heavy gloves that could only be inserted in the trigger guard with difficulty.↑ Respondent argued that the North Dakota rule on presumptions should be abandoned in favor of the 'modern' rule, see note 4, supra, but the record does not show that it argued for the application of the federal standard of sufficiency of the evidence.↑ Compare Brady v. ”

“ At about 11 a.m., the sheriff arrived. Mr. Dick was still lying where he had died. The sheriff examined Mr. Dicks shotgun and found two discharged shells in its chamber. The gun was dry and clean and there were no bloodstains on it or on the gloves which Dick was still wearing. The sheriff also noticed some of the shot patterns found by Dick's brother and saw some brain tissue splattered on the southeast corner. He found a screwdriver lying on the floor about a foot from the gun. The Dicks use the screwdriver to open and close the door to the silage shed because the doorknob was missing. ”

“ Svihovec v. Woodmen Accident Co., 69 N.D. 259, 285 N.W. 447. See Paulsen v. Modern Woodmen of America, 21 N.D. 235, 130 N.W. 231; Clemens v. Royal Neighbors of America, 14 N.D. 116, 103 N.W. 402; Stevens v. ”