Leman v. Manhattan Life Insurance
Supreme Court of Louisiana
APPEAL from the Oivil District Court, Parish of Orleans. Ellis, J. Where the dead body of an insured is found under such circumstances and with such injuries, that death may have resulted from negligence, accident, homicide or suicide, the presumption is against suicide as contrary to the general conduct of mankind and a gross moral turpitude. May on Insurance, p. 459, Sec. 325; 47 N. Y. 52; Guardian Ins.
Read the full summary
APPEAL from the Oivil District Court, Parish of Orleans. Ellis, J. Where the dead body of an insured is found under such circumstances and with such injuries, that death may have resulted from negligence, accident, homicide or suicide, the presumption is against suicide as contrary to the general conduct of mankind and a gross moral turpitude. May on Insurance, p. 459, Sec. 325; 47 N. Y. 52; Guardian Ins. Co. vs. Hogan, 50 111. 35; 127 U. S. 667. The burden of proof is on an insurance company when it alleges that deceased committed suicide, and the evidence must exclude all other reasonable…
1Opinion of the Court
The opinion of the court was delivered by ,
Miller, J.
The plaintiff sues on a policy of insurance issued by the defendant on the life of her husband. The defence is, the husband committed suicide, and the policy excludes liability in cases of self-destruction, sane or insane. The jury found for the defendant and plaintiff appeals from the judgment on the verdict.
The proofs of loss furnished the company, i. e., statements of the undertaker, physician, agent and friend, as well as the coroner’s inquest, stated suicide as the cause of death. The defendant offering these proofs insisted plaintiff…
2Cases cited1 opinion
- Mallory v. . the Travelers' Ins. Co.New York Court of Appeals · 1871
3Cited by38 opinions
- Grand Lodge of Ancient Order of United Workmen v. BanisterSupreme Court of Arkansas · 1906
- Thornell v. Missouri State Life Ins.Texas Commission of Appeals · 1923
- Supreme Tent Knights of Maccabees of the World v. StenslandIllinois Supreme Court · 1903
- Webster v. New York Life Ins. Co.Supreme Court of Louisiana · 1926
- Mutual Life Insurance Co. v. FordCourt of Appeals of Texas · 1910
33 more not listed; retrieve them via the Exa API.