Knickerbocker Life Insurance v. Peters
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This was an action of assumpsit brought by the appellee on a policy of insurance issued to her on the life of her husband, John Peters, by the appellant. The policy contained a proviso that “ in case the insured shall die by his own hand or act, then this policy shall be void.” The defendant pleaded, 1st. That it never was indebted. 2nd. That the assured did not comply with the conditions of the policy. 3rd.
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Appeal from the Court of Common Pleas. This was an action of assumpsit brought by the appellee on a policy of insurance issued to her on the life of her husband, John Peters, by the appellant. The policy contained a proviso that “ in case the insured shall die by his own hand or act, then this policy shall be void.” The defendant pleaded, 1st. That it never was indebted. 2nd. That the assured did not comply with the conditions of the policy. 3rd. That the assured died by his own hands and act. Issue was joined on the first and second pleas, and the plaintiff replied to the third plea, that…
1Opinion of the CourtMiller, J.
The insurance company defends this action under the clause in the policy which makes it void, if the assured “shall die by his own hand or act.” It is now too well settled to admit of question, that this clause is not to he construed as comprehending every possible case in which life is taken by the party’s own act. For instance, all the authorities concur in the view that an unintentional or accidental taking of life is not within the meaning and intention of the clause. Thus if by inadvertence or accident a party shoots himself' with a gun or pistol, or takes poison by mistake, or in a…
2Cases cited2 opinions
- Van Zandt v. . Mutual Benefit Life Ins. Co.New York Court of Appeals · 1873
- Cooper v. Massachusetts Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1869
3Cited by13 opinions
- Curtis Reinking Carol Reinking v. Philadelphia American Life Insurance Company, and Tennessee Gas Pipeline Company Ich Corporation, Curtis Reinking Carol Reinking v. Philadelphia American Life Insurance Company, and Tennessee Gas Pipeline Company Ich Corporation, Curtis Reinking Carol Reinking v. Philadelphia American Life Insurance Company, and Tennessee Gas Pipeline CompanyCourt of Appeals for the Fourth Circuit · 1990
- Fister v. Allstate Life Insurance Co.Court of Appeals of Maryland · 2001
- Grand Lodge Independent Order of Mutual Aid v. WietingIllinois Supreme Court · 1897
- Karow v. Continental InsuranceWisconsin Supreme Court · 1883
- Insurance Co. of North America v. AufenkampCourt of Appeals of Maryland · 1981
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