Industrial Mutual Indemnity Co. v. Watt
Supreme Court of Arkansas
Appeal from Garland Circuit Court; W. H. Evans, Judge; STATEMENT BY TI-IE COURT. The Industrial Mutual Indemnity Company issued to William N. Watt a policy of life insurance for the sum of $1,000, payable to Mabel Watt, his wife. William N. Watt died from a pistol shot wound, and Mabel Watt brought this suit to recover the amount of the policy.
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Appeal from Garland Circuit Court; W. H. Evans, Judge; STATEMENT BY TI-IE COURT. The Industrial Mutual Indemnity Company issued to William N. Watt a policy of life insurance for the sum of $1,000, payable to Mabel Watt, his wife. William N. Watt died from a pistol shot wound, and Mabel Watt brought this suit to recover the amount of the policy. The policy contained a clause which exempts the insurance company from liability in the event of the death of the policy holder from self-destruction, and this was the only defense interposed. William N. Watt died on the 28th day of December, 1906, in…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is insisted by counsel for appellant that the evidence did not warrant the verdict of the jury.
In discussing the principle of law applicable to cases of this sort, in Grand Lodge of A. O. U. W. v. Banister, 80 Ark. 190, the court said: “In the first place, there is a presumption against suicide or death by any other unlawful act, and this presumption arises even where it is shown by proof that death was sell-inflicted — it is presumed to have been accidental until the contrary is made to appear. This rule is founded upon the natural human instinct or…
2Cases cited1 opinion
- Grand Lodge of Ancient Order of United Workmen v. BanisterSupreme Court of Arkansas · 1906
3Cited by13 opinions
- Michalek v. Modern Brotherhood of AmericaSupreme Court of Iowa · 1917
- New York Life Insurance v. WattersSupreme Court of Arkansas · 1922
- Home Life Insurance v. MillerSupreme Court of Arkansas · 1930
- Texas Life Ins. Co. v. ChildressCourt of Appeals of Texas · 1918
- Tippets v. Gem State Mutual Life Association, Inc.Idaho Supreme Court · 1966
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