Legal Opinion

Pierce v. Travelers' Life Insurance Co.

Wisconsin Supreme Court

Decided January 15, 1874PublishedCited by 34 opinions

APPE ML from the Circuit Court for Fond du Lac County. The action was brought by Adelaide A. Pierce, to recover upon a policy of life insurance issued by the defendant to plaintiff’s husband, M. P. Pierce, for the benefit of plaintiff, •during the existence of which policy Pierce died in St. Louis, December 23, 1871. After his death, proper proofs of death were furnished the defendant company, and payment demanded, which was refused on the ground that the assured had…

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APPE ML from the Circuit Court for Fond du Lac County. The action was brought by Adelaide A. Pierce, to recover upon a policy of life insurance issued by the defendant to plaintiff’s husband, M. P. Pierce, for the benefit of plaintiff, •during the existence of which policy Pierce died in St. Louis, December 23, 1871. After his death, proper proofs of death were furnished the defendant company, and payment demanded, which was refused on the ground that the assured had committed suicide. The defendant, by its answer, alleged, among other things, that the assured died “ by his own hand, and…

1Opinion of the CourtDixoN, C. J.

Beyond the repetition of the language of the' condition itself, I do not well see how much, if anything, can be said in favor of the construction which I feel bound to put upon the policy. It strikes me as one of those plain propositions which are understood as soon as asserted, and need only to be asserted to be conceded. The question presented is altogether wide from those discussed and decided in the cases referred to by counsel, though much assistance is to be gained from those discussions in the consideration of it. The words of this condition differ very materially from the words of any…

2Cases cited1 opinion

  1. Schneider v. Provident Life InsuranceWisconsin Supreme Court · 1869

3Cited by34 opinions

  1. Bigelow v. Berkshire Life InsuranceSupreme Court of the United States · 1876
  2. Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
  3. Northwestern Mutual Life Insurance v. HazelettIndiana Supreme Court · 1886
  4. Cady v. Fidelity & Casualty Co. of New YorkWisconsin Supreme Court · 1908
  5. Mutual Benefit Life Ins. v. Daviess' Ex'rCourt of Appeals of Kentucky · 1888

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