Clarke v. Equitable Life Assur. Soc.
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court, of the United States for the District of Maryland. The point presented for review on this writ of error arises out of the following facts and proceedings: The Equitable Life Assurance Society of the United States, on March 25, 1899, issued to William E. Clarke two policies of insurance, each conditioned for payment of $10,000 upon the death of said William E. Clarke to his wife, Sallie F. Clarke, and, on certain contingencies, to the other…
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In Error to the Circuit Court, of the United States for the District of Maryland. The point presented for review on this writ of error arises out of the following facts and proceedings: The Equitable Life Assurance Society of the United States, on March 25, 1899, issued to William E. Clarke two policies of insurance, each conditioned for payment of $10,000 upon the death of said William E. Clarke to his wife, Sallie F. Clarke, and, on certain contingencies, to the other plaintiffs in error. Among other provisions, each of these policies contains the provision that “self-destruction, sane or…
1Opinion of the CourtBrawley, District Judge
(after stating the case as above). If it was an open question, there is much to be said as to the injustice of contracts of this nature, for a person ought no more to be held responsible for the loss of his life when taken by himself under the ravings of delirium, or impelled by the hallucinations of melancholy, than if he dies from an ordinary disease, or from an accident; but that question is not before us, and it seems to be well settled that insurance companies may avoid altogether this class of risks, and that, being at liberty to stipulate against hazardous occupations, unhealthy…
2Cases cited6 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Accident Insurance v. CrandalSupreme Court of the United States · 1887
- Bigelow v. Berkshire Life InsuranceSupreme Court of the United States · 1876
- Life Insurance v. TerrySupreme Court of the United States · 1873
- De Gogorza v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Aetna Life Insurance Company v. McLaughlinTexas Supreme Court · 1964
- Christensen v. New England Mutual LiFe InsuranceSupreme Court of Georgia · 1944
- Wood v. Sovereign Camp of the Woodmen of the WorldSupreme Court of Iowa · 1914
- United States Fidelity & Guaranty Co. v. BlumCourt of Appeals for the Ninth Circuit · 1919
- Johnson v. Metropolitan Life Insurance CompanyDistrict Court, D. New Jersey · 1967
12 more not listed; retrieve them via the Exa API.