Hatch v. Mutual Life Insurance
Massachusetts Supreme Judicial Court
Contract on a policy of insurance, for $1000, on the life of Flora A. Hatch, the wife of the plaintiff. The policy contained the following clause: “ This policy is issued, and accepted by the assured, upon the following express conditions and agreements: 1st. If the said person whose life is hereby insured shall die by her own act, or hand, whether sane or insane, or in, or in consequence of, a duel, or of the violation of the laws of any nation, state or province, then, and…
Read the full summary
Contract on a policy of insurance, for $1000, on the life of Flora A. Hatch, the wife of the plaintiff. The policy contained the following clause: “ This policy is issued, and accepted by the assured, upon the following express conditions and agreements: 1st. If the said person whose life is hereby insured shall die by her own act, or hand, whether sane or insane, or in, or in consequence of, a duel, or of the violation of the laws of any nation, state or province, then, and in every such case, this policy shall be null and void.” At the trial in the Superior Court, before Colburn, J.,…
1Opinion of the CourtEndicott, J.
It appears by the bill 'of exceptions, that the deceased voluntarily submitted herself to an illegal operation, with intent to cause an abortion, without any justifiable medical reason; that the operation performed upon her was dangerous to life, and known by her to be so; and that a miscarriage was effected by the operation, from the consequences of which sha died.
*552It is therefore established that this voluntary act on her pait, condemned alike by the laws of nature and by the laws of all civilized states, and known by her to be dangerous to life, did actually result in death. And the…
2Cited by39 opinions
- Ritter v. Mutual Life Ins. Co. of NYSupreme Court of the United States · 1898
- Slocum v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1923
- Insurance Co. v. BennettTennessee Supreme Court · 1891
- Schmidt v. Northern Life Ass'nSupreme Court of Iowa · 1900
- Wheeler v. O'ConnellMassachusetts Supreme Judicial Court · 1937
34 more not listed; retrieve them via the Exa API.