Aetna Life Insurance v. Kaiser
Court of Appeals of Kentucky
Case 64 — Action by Matilda M. Kaiser against Aetna Life Insurance Company to Recover on a Policy on the Life of Her Deceased Husband. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Plaintiff and Defendant Appeals. POINTS AND AUTHORITIES. 1; A contract of life insurance stipulating! that the) policy shall he avoided if the assured within one year oomimit suicide whether sane or insane, is a valid and enforceable contract. Mutual Benefit Life Ins.
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Case 64 — Action by Matilda M. Kaiser against Aetna Life Insurance Company to Recover on a Policy on the Life of Her Deceased Husband. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Plaintiff and Defendant Appeals. POINTS AND AUTHORITIES. 1; A contract of life insurance stipulating! that the) policy shall he avoided if the assured within one year oomimit suicide whether sane or insane, is a valid and enforceable contract. Mutual Benefit Life Ins. Co. v. Daviess, 87 Ky., 541; Manhattan v. Beard, 23 Ky. Law Rep., 1547; Bigelow v. Berkshire Life Ins. Co,, 93 U. S., 284.…
1Opinion of the Court
Opinion of the court by
JUDGE O’RMAR.
Affirming.
Appellee’s husband, John A. Kaiser, Jr., effected-an insurance upon his life with appellant in the sum of $1,000, payable to appellee within 60 days after proof of death of the insured. The policy contained this provision: “If the insured shall, within one year from the date hereof; commit suicide, while sane or insane, .. . . this policy sháll be null and void.” Within about a month after the issual of the policy the insured died from the effects of a pistol-shot wound through the heart. He was a young man, about 22 years old; had been married…
2Cases cited4 opinions
- Home Benefit Assn. v. SargentSupreme Court of the United States · 1892
- Phillips v. Louisiana Equitable Life InsuranceSupreme Court of Louisiana · 1874
- Supreme Lodge Knights of Pythias of the World v. BeckCourt of Appeals for the Ninth Circuit · 1899
- Manhattan Life Ins. v. BeardCourt of Appeals of Kentucky · 1902
3Cited by16 opinions
- People v. ColeCalifornia Supreme Court · 1956
- Aetna Life Insurance v. BethelCourt of Appeals of Kentucky · 1910
- Miller v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Evans v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- Aetna Life Insurance v. MilwardCourt of Appeals of Kentucky · 1904
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