Anderson v. Life Insurance Co. of Virginia
Supreme Court of North Carolina
Appeal from Ward, J., September, 1909, of Pasquotank. Civil action, beard on appeal from a justice’s court and on facts agreed.
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Appeal from Ward, J., September, 1909, of Pasquotank. Civil action, beard on appeal from a justice’s court and on facts agreed. Tbe facts formally agreed upon were as follows: “Tbat on 1 February, 1909, Penelope Newby, now Barnes, obtained from tbe Life Insurance Company of Virginia a policy of insurance on ber life for tbe benefit of Setb Newby, ber brother; tbat botb Penelope Barnes and Setb Newby died on 3 July, 1909; tbat Setb Newby died by bis own band before Penelope Barnes .died; tbat Penelope Barnes was murdered by Setb Newby; tbat tbe Life Insurance Company of Virginia bas paid to N.…
1Opinion of the Court
Hoke, J.,
after stating the case: It is a principle very generally accepted that a beneficiary who has caused or procured the death of the insured under circumstances amounting to a felony will be allowed no recovery on the policy. Vance on Insurance, 392-393; Cooley’s Insurance Briefs, 3153; 25 Oyc., 153; 3 A. and E. (2 Ed.), 1021.
This wholesome doctrine, referred by most of the cases to the maxim, Nullios commodum capere potest de injuria sua propria, has been uniformly upheld, so far as we are aware, except in certain cases where the interest involved was conferred by statute, and the…
2Cases cited6 opinions
- Tyler v. Odd Fellows' Mutual Relief Ass'nMassachusetts Supreme Judicial Court · 1887
- Schmidt v. Northern Life Ass'nSupreme Court of Iowa · 1900
- Shea v. Massachusetts Benefit Ass'nMassachusetts Supreme Judicial Court · 1894
- Owens v. . OwensSupreme Court of North Carolina · 1888
- Supreme Lodge Knights & Ladies of Honor v. MenkhausenIllinois Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Slocum v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1923
- Smith v. ToddSupreme Court of South Carolina · 1930
- Austin v. United StatesCourt of Appeals for the Seventh Circuit · 1942
- Parker v. . PotterSupreme Court of North Carolina · 1931
- Bullock v. Expressmen's Mutual Life InsuranceSupreme Court of North Carolina · 1951
13 more not listed; retrieve them via the Exa API.