Miles v. Penn Mutual Life Insurance Co. of Philadelphia
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. JojUph W. Jonbs, Judge. Action by Nora M. Miles against the Penn Mutual Fife Insurance Company of Philadelphia. Judgment for defendant, and plaintiff appeals. In an action to recover the amount of a policy of insurance the defense of suicide to- avail the Company must show that every reasonable hypothesis of accidental death is excluded by the evidence. Phillips v. Insurance Co., 21 Am.
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Appeal from Circuit Court, Minnehaha County. Hon. JojUph W. Jonbs, Judge. Action by Nora M. Miles against the Penn Mutual Fife Insurance Company of Philadelphia. Judgment for defendant, and plaintiff appeals. In an action to recover the amount of a policy of insurance the defense of suicide to- avail the Company must show that every reasonable hypothesis of accidental death is excluded by the evidence. Phillips v. Insurance Co., 21 Am. Rep.'549; Sorenson v. Pulp Co., 14 N. W. 446; Boynton v. Ins. Co.,. 52 R. R. A. 687; Mut. Rife v. Wiswell, 35 R. R. A. 260; Standard Rife v. Thornton, 49 R. R.…
1Opinion of the CourtWhiting, J.
This action was brought by plaintiff and appellant to recover of the defendant and respondent upon a policy of insurance, in the sum of $5,000, issued by defendant to Milton W. Miles, and payable to his wife, the plaintiff herein. Said policy contained a provision whereby in case of suicide of insured within a period of one year from its date the liability of the defendant should be limited to the amount of premium paid thereon. After having paid premium to the amount of $72 and within one year from date of policy the said Milton W. Miles died. The defense was that the insured committed…
2Cases cited3 opinions
- Jeansch v. LewisSouth Dakota Supreme Court · 1891
- Kelsey v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1890
- Leftwich v. DaySupreme Court of Minnesota · 1884
3Cited by3 opinions
- Carson State Bank v. Grant Grain Co.North Dakota Supreme Court · 1924
- Klaveness v. FreeseSouth Dakota Supreme Court · 1914
- Miles v. Penn Mut. Life Ins.South Dakota Supreme Court · 1910