Eastabrook v. Union Mutual Life Insurance
Supreme Judicial Court of Maine
On Exceptions. There was also a motion to set aside the verdict as against evidence, but no question of law was raised in connection with it.
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On Exceptions. There was also a motion to set aside the verdict as against evidence, but no question of law was raised in connection with it. Assumpsit on a policy of insurance on the life of Joseph H. Eastabrook, jr. The policy contained the following provision, "that in case the said Joseph H. Eastabrook, jr., shall die by his own hand, or in consequence of a duel, or the violation of any state, national or provincial law, or by the hands of justice, this policy shall be null, void and of no efiect.” The insured committed suicide, and the plaintiff alleged, and offered evidence tending to…
1Opinion of the CourtAppleton, C. J.
The plaintiff effected an insurance upon the life of his son, Joseph H. Eastabrook, jr., who in *225a fit of insanity on the 30th. day of July, 1864, committed suicide.
In the policy there is an express condition " that in case the said Joseph H. Eastabrook, jr. *' * shall die by his own hand, or in consequence of a duel, or the violation of any state, national or provincial law, or by the hands of justice, * * this policy shall be null, void and of no effect.”
Is suicide by an irsane man in a fit of insanity within the above condition?
Upon this question there has been a great diversity of judicial…
2Cited by16 opinions
- Claim of Delinousha v. National Biscuit Co.New York Court of Appeals · 1928
- Hathaway's Administrator v. National Life InsuranceSupreme Court of Vermont · 1875
- Jefferson Standard Life Ins. v. MyersTexas Commission of Appeals · 1926
- Voris v. Texas Employers Ins. Ass'nCourt of Appeals for the Fifth Circuit · 1951
- Scarth v. Security Mutual Life SocietySupreme Court of Iowa · 1888
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