Patterson v. Natural Premium Mutual Life Insurance
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. G-. Siebeckee, Circuit Judge. This is an action to recover upon an insurance policy issued by the appellant July 20, 1895, upon the life of Alexander ~W. Patterson, and originally payable to the administrators, executors, or assigns of the insured. On the 4th of October, 1895, the policy was assigned, with the consent of the company, to the plaintiffs, who are the children of the insured.
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Appeal from a judgment of the circuit court for Dane county: E. G-. Siebeckee, Circuit Judge. This is an action to recover upon an insurance policy issued by the appellant July 20, 1895, upon the life of Alexander ~W. Patterson, and originally payable to the administrators, executors, or assigns of the insured. On the 4th of October, 1895, the policy was assigned, with the consent of the company, to the plaintiffs, who are the children of the insured. Alexander W. Patterson was forty-nine years of age at the time of the issuance of the policy, and was then married to his second wife, by whom…
1Opinion of the CourtWinslow, J.
There was evidence tending to show that the deceased was sane when he shot himself; hence, the verdict having been directed, it must be assumed upon this appeal that such was the fact. Starting from this basis, the argument of the defendant is, in substance: (1) That intentional self-destruction while sane is not a risk covered by a policy of life insurance, even when there is no clause in the policy specifically exempting the company from liability for such death; (2) the incontestable clause does not cover such a death, and, even if it be held to do so by its terms, such a stipulation would…
2Cases cited18 opinions
- Ritter v. Mutual Life Ins. Co. of NYSupreme Court of the United States · 1898
- Supreme Commandery of the Knights of the Golden Rule v. AinsworthSupreme Court of Alabama · 1882
- Life Insurance v. TerrySupreme Court of the United States · 1873
- Goodwin v. Provident Savings Life Assurance Ass'nSupreme Court of Iowa · 1896
- Wright v. Mutual Benefit Life Ass'nNew York Court of Appeals · 1890
13 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Wilmington Trust Co. v. ClarkCourt of Appeals of Maryland · 1981
- American Trust Co. v. Life InsuranceSupreme Court of North Carolina · 1917
- Indiana National Life Insurance v. McGinnisIndiana Supreme Court · 1913
- Royal Circle v. AchterrathIllinois Supreme Court · 1903
- Dibble v. Reliance Life InsuranceCalifornia Supreme Court · 1915
43 more not listed; retrieve them via the Exa API.