Searle v. Allstate Life Insurance

I dissent.

Three significant questions are raised by the major issue in this case—the meaning and effect of the standard suicide exclusion clause in life insurance policies. They are: (1) whether the clause is ambiguous; (2) what the phrase “suicide, sane or insane” means; and (3) which party bears the burden of proving suicide. The majority correctly answer the first and third questions. Their answer to the second question, however, is wrong: not only is it contrary to the plain meaning of the clause and against the great weight of authority, but it also reintroduces and indeed exacerbates…