Mutual Life Insurance v. Wiswell
Supreme Court of Kansas
Error from Cherokee District Court. John N. Ritter, as administrator • of the estate of S. Fred Harker, deceased, filed his petition November 28, 1890, declaring on a policy of insurance issued by the Mutual Life Insurance Company of New York October 22, 1889, to and upon the life of said S. Fred Ilarker for the sum of $2,000. The policy was on the 20-year life plan, the assured was 24 years of age, the annual premium was $61.80, and the death of the assured occurred July 5,…
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Error from Cherokee District Court. John N. Ritter, as administrator • of the estate of S. Fred Harker, deceased, filed his petition November 28, 1890, declaring on a policy of insurance issued by the Mutual Life Insurance Company of New York October 22, 1889, to and upon the life of said S. Fred Ilarker for the sum of $2,000. The policy was on the 20-year life plan, the assured was 24 years of age, the annual premium was $61.80, and the death of the assured occurred July 5, 1890. The defenses relied upon are, that the negative answer given to question 9, as follows: “Have you any…
1Opinion of the Court
The opinion of the court was delivered by
Martin, C. J.: I. The plaintiff in error contends that under the pleadings the burden was upon the plaintiff below to prove by a preponderance of the evidence that the death of the assured from taking the opium or other poisonous substance was unintentional and accidental. There is no room to doubt that the taking of the opium was the act of the assured ; but the courts are in general accord in holding that the words of a condition avoiding the policy if the assured shall die “by his own hand” or “by his own act” are equivalent to a proviso against…
2Cases cited9 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Mallory v. . the Travelers' Ins. Co.New York Court of Appeals · 1871
- Life Insurance v. TerrySupreme Court of the United States · 1873
- Northwestern Mutual Life Insurance v. HazelettIndiana Supreme Court · 1886
- Insurance Co. v. BennettTennessee Supreme Court · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Carnes v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1898
- Grand Lodge of Ancient Order of United Workmen v. BanisterSupreme Court of Arkansas · 1906
- Webster v. New York Life Ins. Co.Supreme Court of Louisiana · 1926
- Evans v. Provident Life & Accident InsuranceSupreme Court of Kansas · 1991
- Mutual Life Insurance Co. v. FordCourt of Appeals of Texas · 1910
43 more not listed; retrieve them via the Exa API.