Masonic Life Ass'n v. Pollard's Gd'n
Court of Appeals of Kentucky
Case 43. — ACTION BY ANNJE POLLARD’S GUARDIAN AGAINST THE MASONIC LIFE ASSOCIATION OP WESTERN NEW YORK ON A POLICY OF LIFE INSURANCE.- Appeal from. Trigg Circuit Court. T'hos. P. Cook, Circuit Judge. Judgment for plaintiff.
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Case 43. — ACTION BY ANNJE POLLARD’S GUARDIAN AGAINST THE MASONIC LIFE ASSOCIATION OP WESTERN NEW YORK ON A POLICY OF LIFE INSURANCE.- Appeal from. Trigg Circuit Court. T'hos. P. Cook, Circuit Judge. Judgment for plaintiff. Defendant appeals. 1. We submit that the proof in the case ’established the fact, as strong as human testimony could well ’do so, that the assured, Pollard, came to his ’death from his own hand; and there Was no evidence introduced by the plaintiff to establish the fact that his mind then or ever was affected. On the contrary, the brOof showed that he .was in the exercise…
1Opinion of the Court
Opinion by
Judge O’Rear
Reversing.
This is an action on a policy of life insurance. Appellant insured the life of N. B. Pollard in the sum of $2,000. One of the. conditions named in the policy upon which it was to be avoided is, if the insured should “die by his own hand or act, sane or insane,, within three years from the date of issue of this certificate, then this agreement shall cease and be of no effect.” Within three years from the date of the policy the assured killed himself. The act occurred in his office in the town of Cadiz, in the presence of one person, and so nearly in the presence…
2Cases cited3 opinions
- Bigelow v. Berkshire Life InsuranceSupreme Court of the United States · 1876
- Mutual Benefit Life Ins. v. Daviess' Ex'rCourt of Appeals of Kentucky · 1888
- Manhattan Life Ins. v. BeardCourt of Appeals of Kentucky · 1902
3Cited by8 opinions
- Webster v. New York Life Ins. Co.Supreme Court of Louisiana · 1926
- Krogh v. Modern Brotherwood of AmericaWisconsin Supreme Court · 1913
- New York Life Insurance Co. v. DeanCourt of Appeals of Kentucky (pre-1976) · 1928
- Muzenich v. Grand Carniolian Slovenian Catholic Union of United States of AmericaSupreme Court of Kansas · 1941
- National Life Insurance v. WatsonCourt of Appeals of Kentucky · 1922
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