Seitzinger v. Modern Woodmen of America
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—heard in that.court on appeal from the Circuit Court of White county; the Hon. P. A. Pearce, Judge, presiding. This is an appeal from a judgment of the Appellate Court for the Fourth District affirming a judgment of the circuit court of White county.
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Appeal from the Appellate Court for the Fourth District;—heard in that.court on appeal from the Circuit Court of White county; the Hon. P. A. Pearce, Judge, presiding. This is an appeal from a judgment of the Appellate Court for the Fourth District affirming a judgment of the circuit court of White county. Appellant filed her declaration in assumpsit against appellee, the Modern Woodmen of America, on a certificate of membership in that order, dated January 19, 1901, and issued to Eli B. Seitzing'er, her husband, for the benefit of herself and children. The declaration is in the usual form,…
1Opinion of the CourtJustice Wilkin
The question is here presented whether any degree of insanity whatever will justify a recovery upon a contract of life insurance which contains a clause exempting the insurer from liability in case the insured “shall die by his oiun hand, whether sane or insane.” The pleadings in this case admit that the insured, Eli B. Seitzinger, took his own life, and that at the time he did so he was wholly insane, totally unconscious of the manner of his death, and by reason of his total insanity was incapable of forming an intention of taking his life and did not comprehend the physical nature and…
2Cases cited14 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Bigelow v. Berkshire Life InsuranceSupreme Court of the United States · 1876
- Home Benefit Assn. v. SargentSupreme Court of the United States · 1892
- Life Insurance v. TerrySupreme Court of the United States · 1873
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
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3Cited by30 opinions
- Zerulla v. Supreme Lodge Order of Mutual ProtectionIllinois Supreme Court · 1906
- Gertner v. Limon National BankSupreme Court of Colorado · 1927
- Aetna Life Insurance Company v. McLaughlinTexas Supreme Court · 1964
- Travelers' Insurance v. AyersIllinois Supreme Court · 1905
- Scow v. Supreme CouncilIllinois Supreme Court · 1906
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