McCoy v. Northwestern Mutual Relief Ass'n
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Fay-ette county: Geo. ClehentsoN, Circuit Judge.' This action was brought by the plaintiff against the defendant, a corporation doing an insurance business on the cooperative plan, on certificate of membership No. 7,844, issued to William McCoy, April 11, 1889, which matured and became payable to plaintiff as beneficiary, by his death by suicide, July 8, 1892, unless the manner of such death constitutes a defense to…
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Appeal from a judgment of the circuit court for La Fay-ette county: Geo. ClehentsoN, Circuit Judge.' This action was brought by the plaintiff against the defendant, a corporation doing an insurance business on the cooperative plan, on certificate of membership No. 7,844, issued to William McCoy, April 11, 1889, which matured and became payable to plaintiff as beneficiary, by his death by suicide, July 8, 1892, unless the manner of such death constitutes a defense to plaintiff’s claim. The certificate, by its terms, requires defendant to pay plaintiff eighty per cent, of an assessment made…
1Opinion of the CourtMaRshall, J.
It clearly appears from the foregoing statement of facts that the contract which the appellant and the assured made, as evidenced by the application for and the certificate of membership, provides in clear, unmistakable ' language against liability in case of death by suicide or self-destruction ; but it is contended that, notwithstanding such is the case, the provisions in that regard do not form a part of the contract between the parties, because the by-laws of the association, at the time deceased was admitted to membership, did not authorize any such limitation upon its liability, and.…
2Cases cited8 opinions
- Darrow v. . Family Fund SocietyNew York Court of Appeals · 1889
- Fitch v. . American Popular Life Ins. Co.New York Court of Appeals · 1875
- Morrison v. Wisconsin Odd Fellows' Mutual Life InsuranceWisconsin Supreme Court · 1884
- Davidson v. Old People's Mutual Benefit SocietySupreme Court of Minnesota · 1888
- Mills v. RebstockSupreme Court of Minnesota · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Ruddock v. Detroit Life InsuranceMichigan Supreme Court · 1920
- Washington National Insurance v. CraddockTexas Supreme Court · 1937
- Draper v. Oswego County Fire Relief Ass'nNew York Court of Appeals · 1907
- Shannon v. ShannonWisconsin Supreme Court · 1989
- López Castro v. Atlantic Southern InsuranceSupreme Court of Puerto Rico · 2003
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