Swavely v. Prudential Insurance Co. of America

Oliphant, S. C. C.

The plaintiff sues to recover the amount of two policies of life insurance issued by the defendant upon the joint lives of the plaintiff and his wife, Elizabeth Swavely. The policies total $5,000 and are identical in terms, the amount of the insurance being payable to the survivor as beneficiary.

The defendant in its answer sets up two separate defenses, one that the plaintiff cannot recover upon the policies in question because he willfully, deliberately and premeditatedly murdered his wife, Elizabeth Swavely, on or about November 7th, 1930, and the other, that the plaintiff…