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Defined in 1 dictionary — Bouvier (1914)

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

632; or the words, "under any circumstances die by his own hand;" Schultz v. Ins. Co., 40 Ohio St. 217, 48 Am. Rep. 676. A Missouri statute, declaring that in all suits upon policies of life insurance it shall be no defense that the insured committed suicide, applies not only to cases where the insured takes his own life voluntarily and in full possession of his mental faculties, but to all cases of self-destruction, whether sane or insane, unless the insured contemplated suicide at the time he made his application for the policy; Knights Templars' & Masons' Indemnity Co. v. Jarman, 187 U. S. 197, 23 Sup. Ct. 108, 47 L. Ed. 139. That statute was held in a subsequent case to be a legitimate exercise of the power of the state, and stipulations in the policy conflicting with it were void; Whitfield v. Life Ins. Co., 205 U. S. 489, 27 Sup. Ct. 578, 51 L. Ed. 895. The full amount of the policy is recoverable on an insurance policy, unless it was contemplated at the time of obtaining the policy that the suicide, whether sane or insane, shall only be entitled to recover the amount of the premiums paid; Knights Templars' & Masons' Life Indemnity Co. v. Berry, 50 Fed. 511, 1 C. C. A. 561. Where a statute provides that "all companies, after having received three annual premiums, are estopped from defending on any other ground than fraud," the defendant may set up the defence of suicide; Starch v. Ins. Co., 134 Pa. 45, 19 Atl. 703, 7 L. R. A. 576, 19 Am. St. Rep. 674. Contra, Royal Circle v. Achterrath, 204 Ill. 549, 68 N. E. 492, 63 L. R. A. 452, 98 Am. St Rep. 224. Where the insured, while insane and unable to realize the consequences of his act, and without intending thereby to take his life, cuts his throat his death comes within the terms in the policy providing that death shall be by "external, violent, and accidental means;" Blackstone v. Ins. Co., 74 Mich. 592, 42 N. W. 156, 3 L. R. A. 486. Where one secured a policy of life insurance, and, being financially embarrassed, killed himself in order to secure money for the payment of his debts, the policy was held void, although it was silent as to suicide; Ritter v. Life Ins. Co., 169 U. S. 139, 18 Sup. Ct. 300, 42 L. Ed. 693; but if such a policy is made payable to the wife of the insured, she may recover on it although her husband committed suicide; Morris v. Life Assur. Co., 183 Pa. 563, 39 Atl. 52. A beneficiary in a mutual benefit certificate, who under the terms of the contract can be changed at any time by the insured, cannot recover if the insured takes his own life while sane, although there is no provision in the certificate against suicide; Davis v. Royal Arcanum, 195 Mass. 402, 81 N. E. 294.