Lukens v. International Life Insurance
Supreme Court of Missouri
Appeal from Jackson Circnit Court. — Hon. E. E. Porter-field, Judge. (1) ¡If Prank E. Lukens committed suicide, then bis beneficiary, tbe plaintiff, never bad a cause of action against defendant: first, because tbe contract of insurance sued on was lawfully made in tbe State of Illinois; second, because tbe contract of insurance did not insure against tbe contingency of suicide; and third, because tbe insured committed suicide.
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Appeal from Jackson Circnit Court. — Hon. E. E. Porter-field, Judge. (1) ¡If Prank E. Lukens committed suicide, then bis beneficiary, tbe plaintiff, never bad a cause of action against defendant: first, because tbe contract of insurance sued on was lawfully made in tbe State of Illinois; second, because tbe contract of insurance did not insure against tbe contingency of suicide; and third, because tbe insured committed suicide. (2) The constitutional question lodged by respondent should have been raised on the pleadings by replication as it is well settled law that in so grave a matter as a…
1Opinion of the CourtRevelle, J.
This is an action by the beneficiary on a policy of insurance for $2000, dated August 35, 1911, and issued by the appellant. The judgment below, was in favor of respondent for the full amount thereof, together with interest and $600 for damages and attorneys’ fees on account of vexatious refusal to pay, the aggregate being $2690.
At the trial, and conformable to proper allegations in its answer, appellant offered evidence tending to show that the insured committed suicide within one year from the ^date of the policy. This respondent moved to strike from the record on the ground that the…
2Cases cited5 opinions
- Chambers v. Baltimore & Ohio RailroadSupreme Court of the United States · 1907
- Blake v. McClungSupreme Court of the United States · 1898
- Cravens v. New York Life InsuranceSupreme Court of Missouri · 1899
- Horton v. New York Life InsuranceSupreme Court of Missouri · 1899
- Head v. New York Life InsuranceSupreme Court of Missouri · 1912
3Cited by17 opinions
- Edwards v. Business Men's Assurance Co. of AmericaSupreme Court of Missouri · 1942
- Miller v. Home Insurance Co.Supreme Court of Missouri · 1980
- Asel v. Order of United Commercial Travelers of AmericaSupreme Court of Missouri · 1946
- State Ex Rel. Standard Tank Car Co. v. SullivanSupreme Court of Missouri · 1920
- Inez L. Perkins v. Philadelphia Life Insurance CompanyCourt of Appeals for the Eighth Circuit · 1985
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