Life & Casualty Insurance v. Daniel

I do not agree with the holding of the majority opinion that the same burden of proof rule respecting suicide on life insurance policies is applicable to actions on accident policies and the double indemnity provisions of life policies, and that we “inferentially, if not explicitly” so held in Brockman and Harless.

The Brockman and Harless opinions do not even “inferentially” support such a conclusion. This court has not heretofore decided the issue involved.

In Brockman the action was brought to recover death benefits under an ordinary life policy which excepted suicide as a risk. Since double…