American Life Insurance v. Isett's Administrator
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Blair county: Of May Term 1873, No. 77. This was an action of covenant, brought to July Term 1871, of the court below, by John S. Isett, administrator, &c., of Franklin B. Isett, deceased, against the American Life Insurance Company, on a policy of insurance, issued by the' defendants, on the life of the decedent.
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Error to the Court of Common Pleas of Blair county: Of May Term 1873, No. 77. This was an action of covenant, brought to July Term 1871, of the court below, by John S. Isett, administrator, &c., of Franklin B. Isett, deceased, against the American Life Insurance Company, on a policy of insurance, issued by the' defendants, on the life of the decedent. One of the conditions of the policy was: in case the assured should “ die by his own hand, * * * this policy shall be void, null and of no effect.” The deceased died on the 14th of March 1871, having committed suicide by shooting himself through…
1Opinion of the Court
The opinion of the court was delivered, July 2d 1873, by
Mercur, J. —
The distinction now so strongly pressed by the counsel for the plaintiff, does not appear to have been made in the court below. The attention of the court was not called to the moral nature and consequences of the act of the insured, in either of the four written points upon which it was requested to charge the jury. Neither in answer to the points, nor in the general charge, was there any allusion to his comprehension of the moral aspect of the case. The court was considering the distinction of the physical life only of the…
2Cited by6 opinions
- Bernard Lotman and Charles Lotman v. Security Mutual Life Insurance Company of New YorkCourt of Appeals for the Third Circuit · 1973
- Stoner v. WunderlichSupreme Court of Pennsylvania · 1901
- Hall v. Mutual Reserve Fund Life Ass'nSuperior Court of Pennsylvania · 1902
- Longenberger v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1935
- Allegheny Trust Co. v. State Life Ins.Superior Court of Pennsylvania · 1933
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