Legal Opinion

McKendree v. Southern States Life Insurance

Supreme Court of South Carolina

Decided July 14, 1919No. 10218PublishedCited by 26 opinions

Before SeasB, J., Spartanburg, Summer term, 1918. Action by Elizabeth S. MacKendree and others against the Southern States Life Insurance Company of Alabama. Judgment for defendant, and plaintiffs appeal. Plaintiff’s citations, referred to in the opinion, on question of contestability of life insurance policies for fraud: Insurance Co. v. Arnold, 97 S. C. 421; 81 S. E. 964; Ann. Cas. 1916c, 706; Reagan v. Union Mut. Life Ins.

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Before SeasB, J., Spartanburg, Summer term, 1918. Action by Elizabeth S. MacKendree and others against the Southern States Life Insurance Company of Alabama. Judgment for defendant, and plaintiffs appeal. Plaintiff’s citations, referred to in the opinion, on question of contestability of life insurance policies for fraud: Insurance Co. v. Arnold, 97 S. C. 421; 81 S. E. 964; Ann. Cas. 1916c, 706; Reagan v. Union Mut. Life Ins. Co., 189 Mass, 555; 76 N. E. 217; 2 L. R. A. (N. S.) 821; 109 Am. St. Rep. 659; 4 Ann. Cas. 362; Great Western Life Ins. Co. v. Suavely, 206 Fed. 20; 124 C. C. A. 154;…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gage.

Action upon two contracts of insurance upon the life of S. Marshall MacKendree. The Court directed a verdict for the defendant, upon the ground that the only reasonable conclusion to be drawn from the testimony was that the insured had suicided, which act by the words of the contract avoided the same.

1 1. A careful consideration of the testimony, after two arguments, brings us to the now settled conclusion that the issue of how the deceased met his death ought to have been submitted to the jury. The presumption of fact is that a man…

2Cases cited1 opinion

  1. Philadelphia Life Ins. v. ArnoldSupreme Court of South Carolina · 1913

3Cited by26 opinions

  1. National Fidelity Life Insurance Co. v. Joan KaraganisCourt of Appeals for the Seventh Circuit · 1987
  2. Alderman v. AldermanSupreme Court of South Carolina · 1935
  3. Parker v. Jefferson Standard Life InsuranceSupreme Court of South Carolina · 1930
  4. Weeks v. New York Life Ins. Co.Supreme Court of South Carolina · 1924
  5. Walker v. Commercial Casualty Ins. Co.Supreme Court of South Carolina · 1939

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