Legal Opinion

Evans v. National Life & Accident Insurance

Ohio Supreme Court

Decided February 12, 1986No. 84-1777PublishedCited by 5 opinions

1Opinion of the CourtHolmes, J.

As do many states, Ohio has recognized the legal presumption that in the absence of sufficient substantial evidence to the contrary, a person is presumed not to have taken his own life. This rule was set forth in Shepherd v. Midland Mut. Life Ins. Co. (1949), 152 Ohio St. 6, at 15 [39 O.O. 352]:

“* * * [W]here it is shown that death resulted from bodily injury caused by violent and external means without a showing as to how the injury was in fact sustained, there is a presumption that death did not result from suicide, self-infliction of injury, criminal assault of another, or voluntary…

2Cases cited10 opinions

  1. Smellie v. Southern Pacific Co.California Supreme Court · 1931
  2. Dick v. New York Life InsuranceSupreme Court of the United States · 1959
  3. Watkins v. Prudential InsuranceSupreme Court of Pennsylvania · 1934
  4. New York Life Insurance v. GamerSupreme Court of the United States · 1938
  5. Tyrrell v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1937

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Cotterman v. Ohio Department of Public WelfareOhio Supreme Court · 1986
  2. Chepke v. Lutheran BrotherhoodOhio Court of Appeals · 1995
  3. State ex rel. Seabolt v. State Hwy. Patrol Retirement Sys. (Slip Opinion)Ohio Supreme Court · 2019
  4. Costaras v. GilsonOhio Court of Appeals · 2022
  5. Gibney v. State Farm Fire & Casualty Co.District Court, S.D. Ohio · 2012

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