Legal Opinion

Gavin v. Des Moines Life Insurance

Supreme Court of Iowa

Decided June 16, 1910PublishedCited by 16 opinions

Appeal from Pollc District Court. — IIon. Hugh Brennan, Judge. Suit on an insurance policy. Defense that the insured killed himself. Trial to a jury, and verdict and judgment for the plaintiff. The defendant appeals.

1Opinion of the CourtSherwin, J.

In October, 1907, tbe defendant insured the life of Patrick Gavin in the sum of $1,000, payable to Bridget Gavin, his mother,- the plaintiff herein. The policy contained a provision as follows: “This policy shall cease and be null and void and of no effect, (1) if within two years from the date hereof the insured shall commit suicide or die by his own hand or act, whether sane or insane at the time.” The insured was killed by a gunshot on the 10th day of August, 1908, and the only fact question in the case is whether he purposely shot himself.

1. Insurance: suicide.- evidence. At the time of…

2Cases cited3 opinions

  1. Inghram v. National UnionSupreme Court of Iowa · 1897
  2. Scarth v. Security Mutual Life SocietySupreme Court of Iowa · 1888
  3. Beverly v. Supreme TentSupreme Court of Iowa · 1902

3Cited by16 opinions

  1. Reddick v. Grand Union Tea Co.Supreme Court of Iowa · 1941
  2. Mutual Life Ins. Co. of New York v. HattenCourt of Appeals for the Eighth Circuit · 1927
  3. New York Life Ins. Co. v. BradshawCourt of Appeals for the Fifth Circuit · 1924
  4. Green v. New York Life InsuranceSupreme Court of Iowa · 1921
  5. Von Crome v. Travelers' Ins. Co. of HartfordCourt of Appeals for the Eighth Circuit · 1926

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