Collins v. Metropolitan Life Insurance
Illinois Supreme Court
Writ of Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. L. C. Ruth, Judge, presiding. This is an action on a life insurance policy issued by the Metropolitan Life Insurance Company on the life of Robert Kilpatrick.
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Writ of Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. L. C. Ruth, Judge, presiding. This is an action on a life insurance policy issued by the Metropolitan Life Insurance Company on the life of Robert Kilpatrick. The provisions of the policy are set out in the declaration, one of which is, that the policy should be incontestable after two years except for the non-payment of premiums or for fraud. Two defenses are set up in the pleas of the insurance company: First, that Kilpatrick was indicted, tried,…
1Opinion of the CourtJustice Vickers
Whether the legal execution of the assured for a crime committed by him constitutes a defense to an action by his legal- representative on a life insurance policy is a question of first impression in this State. Where this defense has been sustained it is generally upon the ground that it is contrary to public policy to permit a recovery where the death is in consequence of a violation of the law.. This is the basis of the decision of this case by the Appellate Court and is the main reason urged here in support of the judgment below.
It is said by the defendant in error that to permit a…
2Cases cited9 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Carpenter's EstateSupreme Court of Pennsylvania · 1895
- Kochersperger v. DrakeIllinois Supreme Court · 1897
- Shellenberger v. RansomNebraska Supreme Court · 1894
- Owens v. . OwensSupreme Court of North Carolina · 1888
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3Cited by54 opinions
- Phoenix Insurance v. RosenIllinois Supreme Court · 2011
- Wilcox v. BierdIllinois Supreme Court · 1928
- Wall v. PfanschmidtIllinois Supreme Court · 1914
- Eversole v. EversoleCourt of Appeals of Kentucky · 1916
- Illinois Bankers Life Ass'n v. CollinsIllinois Supreme Court · 1930
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