Billings v. Accident Insurance Co. of North America
Supreme Court of Vermont
Assumpsit'upon a policy of life insurance. Plea, tbe general issue, and notice of special matter. Trial by jury at the March term, Rutland county, 1889, Ross, J., presiding. The plaintiff offered certain evidence,, as stated, in the opinion, which the court refused to admit. Thereupon the case was withdrawn from the jury and passed to supreme court upon the exception of the plaintiff for the determination of the question raised by this offer..
Read the full summary
Assumpsit'upon a policy of life insurance. Plea, tbe general issue, and notice of special matter. Trial by jury at the March term, Rutland county, 1889, Ross, J., presiding. The plaintiff offered certain evidence,, as stated, in the opinion, which the court refused to admit. Thereupon the case was withdrawn from the jury and passed to supreme court upon the exception of the plaintiff for the determination of the question raised by this offer.. It has been repeatedly held that where the policy excepts “ suicide,” the exception does not apply if life is taken under an insane impulse. Breasted…
1Opinion of the Court
The opinion of the court was delivered by
TAFT, J.
It is a condition of the policy in question that it shall not cover a case if death results from suicide, (sane or insane). It is not denied by the plaintiff but that the assured died from the effects of a pistol shot fired by himself, but she insists and offered testimony to show that when the insured so fired the shot, his mind had become so dominated and controlled by an unnatural impulse to fire said pistol into his own forehead that his' will cotdd not resist'said impulse, and that he did not voluntarily or intentionally fire the same, but…
2Cases cited8 opinions
- Bigelow v. Berkshire Life InsuranceSupreme Court of the United States · 1876
- De Gogorza v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1875
- Pierce v. Travelers' Life Insurance Co.Wisconsin Supreme Court · 1874
- Hathaway's Administrator v. National Life InsuranceSupreme Court of Vermont · 1875
- Scarth v. Security Mutual Life SocietySupreme Court of Iowa · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- Silliman v. International Life InsuranceTennessee Supreme Court · 1914
- Aetna Life Insurance Company v. McLaughlinTexas Supreme Court · 1964
- Christensen v. New England Mutual LiFe InsuranceSupreme Court of Georgia · 1944
- Moore v. Northwestern Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1906
11 more not listed; retrieve them via the Exa API.