Towne v. Northwestern Mutual Life Insurance

April 15, 1935, appellant issued a policy of insurance for $1,000 on the life of Harry O. Towne, payable to respondent Mabel C. Towne. The insured died on September 16, 1935, and this action was thereafter instituted by respondent to recover upon the policy. The allegations of the complaint were admitted and as a sole defense or in avoidance of liability appellant alleged that the insured on September 16, 1935, “did commit suicide and intentionally destroyed his own life” and set up the following provision of the policy of insurance:

“If within two years from the date hereof the Insured shall…