Cooper v. Massachusetts Mutual Life Insurance
Massachusetts Supreme Judicial Court
Contract by. the administratrix of the estate of James F. C coper upon a policy of insurance made by the defendants to said Cooper on his life in the sum of $3000, and containing the fi illowing proviso : “ Provided always, and it is hereby declared tv. be the true intent and meaning of this policy, and the same is accepted by the assured upon this express condition, that if said person whose life is hereby insured shall become so far intemperate as to impair his health…
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Contract by. the administratrix of the estate of James F. C coper upon a policy of insurance made by the defendants to said Cooper on his life in the sum of $3000, and containing the fi illowing proviso : “ Provided always, and it is hereby declared tv. be the true intent and meaning of this policy, and the same is accepted by the assured upon this express condition, that if said person whose life is hereby insured shall become so far intemperate as to impair his health seriously and permanently, or induce delirium tremens, or shall die by suicide, or in consequence of a duel, or by the hands…
1Opinion of the CourtChapman, C. J.
The proviso in the policy is, that it shall be void if the assured “ shall die by suicide.” The plaintiff offered to prove that the assured, at the time of committing the act of self-destruction, was insane; that he acted under the impulse of insanity; and that his act of self-destruction was the direct result of his insanity. The question presented is, whether, if these facts are true, the act of self-destruction avoids the policy, within the terms of the proviso. The subject has been so fully discussed in the cases cited, that further argument is needless. We need only collate the cases.
In…
2Cited by20 opinions
- Daniels v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1903
- Manhattan Life Insurance v. BroughtonSupreme Court of the United States · 1883
- Exxon Corporation v. BrecheenTexas Supreme Court · 1975
- Claim of Delinousha v. National Biscuit Co.New York Court of Appeals · 1928
- McGuire v. AlmyMassachusetts Supreme Judicial Court · 1937
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