Ziebell v. Fraternal Reserve Ass'n
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Action to recover $790.50 upon a policy of life insurance issued December 4, 1902, by tbe defendant upon tbe life of Dan E. Ziebell, tbe husband of plaintiff. Plaintiff was tbe beneficiary named in tbe policy sued upon, and it was in full force and effect on tbe 20th day of September, 1912, when Dan E. Ziebell died.
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Appeal from a judgment of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Action to recover $790.50 upon a policy of life insurance issued December 4, 1902, by tbe defendant upon tbe life of Dan E. Ziebell, tbe husband of plaintiff. Plaintiff was tbe beneficiary named in tbe policy sued upon, and it was in full force and effect on tbe 20th day of September, 1912, when Dan E. Ziebell died. It contained a provision that “In case of tbe death of tbe insured by suicide, sane or insane, voluntary or involuntary, this certificate shall be void.” Tbe defense was that tbe insured…
1Opinion of the CourtViNje, J.
The salient facts attending the death of Dan E. Ziebell as disclosed by the evidence are contained in the foregoing statement. Many details that do not materially bear upon how he came to his death are omitted. From such facts in evidence only one reasonable conclusion as to the cause of his death can be drawn, namely, that he died from carbolic acid poisoning. Was such poisoning accidental or intentional? The presumption that arises from the mere fact of death is that it was not self-inflicted. Krogh v. Mod*616ern Brotherhood, 153 Wis. 391, 141 N. W. 276, and cases cited; Pagel v. United States…
2Cases cited2 opinions
- Krogh v. Modern Brotherwood of AmericaWisconsin Supreme Court · 1913
- Pagel v. United States Casualty Co.Wisconsin Supreme Court · 1914