Patrick v. Excelsior Life Insurance
New York Supreme Court
APPEAL, -by the defendant, from a judgment entered upon a verdict, and from an order denying a motion, made upon the judge’s minutes, for a new trial.
1Opinion of the Court
By the Court, Learned, P. J.
This is an action on a policy of insurance on the life of Ralph T. Darrow, for the sole benefit of his wife, Mary E. Darrow. The policy did not contain any clause making it void in case of the suicide of the insured.
The defences relied on were, the suicide of the insured, and his breach of the warranties contained in his application.
The case of Fitch v. American Popular Life Ins. Co., in the Court of Appeals, (11 Albany Law Jour., 91; 59 N. Y., 557,) has settled the doctrine that in the case of a policy for the benefit of the wife, the suicide of the insured is not…
2Cases cited1 opinion
- Fitch v. . American Popular Life Ins. Co.New York Court of Appeals · 1875
3Cited by5 opinions
- Patterson v. Natural Premium Mutual Life InsuranceWisconsin Supreme Court · 1898
- Kerr v. Minnesota Mutual Benefit Ass'nSupreme Court of Minnesota · 1888
- Smith v. Metropolitan Life InsuranceAppellate Terms of the Supreme Court of New York · 1925
- Supreme Conclave v. MilesCourt of Appeals of Maryland · 1901
- Darrow v. Family Fund SocietyNew York Supreme Court · 1886