Somerville v. Knights Templars & Masons' Life Indemnity Ass'n

Life Insurance ; Suicide; Presumptions; Verdict, Direction of by Trial Oourt. 1. A stipulation in a policy of insurance relieving the insurer of liability, except for assessments paid, in case of the suicide of the insured, whether voluntary or involuntary, sane or insane, is valid and will be given effect according to the terms of the contract. 2. If in a suit on a policy of insurance containing such a stipulation where the defence is suicide, the evidence is so clear as to exclude any other rational hypothesis than that of suicide as the cause of death, the ordinary presumption against the fact of suicide will not be allowed to counteract and destroy the rational conclusion deducible from such clear and definite proof, and it is proper for the trial court to direct a verdict for the defendant.

LIearing on an appeal by the plaintiffs from a judgment on a verdict directed by the court in an action on a policy of insurance. The Court in its opinion stated the case as follows: This action was brought upon a policy of life insurance, issued by the defendant, the Knights Templars and Masons’ Life Indemnity Company, to Frank Schwarz, on the 13th of June, 1892, for $5,000. Schwarz, the holder of the policy, was found dead on the morning of the 30th of December, 1892; and up to the time of his death he had paid all the assessments called for, amounting to the sum of $19.50. The wife of the deceased was the original beneficiary in the policy of insurance, but the assured, on the 15th of October, 1892, procured the policy to be transferred to his personal representatives, but for what reason does not appear. The present action is brought by the executors ■of the deceased, and the recovery was for the $19.50 only, the amount of the assessments paid. The defence to the action was that the deceased, Schwarz, ■came to his death by self-destruction or suicide, and therefore, under a condition of the policy, the plaintiffs were not «entitled to recover more than the $19.50. Among the conditions or stipulations contained in the policy is the following: “In case of the self-destruction of the holder of this policy, whether voluntary or involuntary, sane or insane, this policy shall become null and void and the widow or heirs or beneficiaries of said member shall have no claim for benefits on this company. Provided that in the case of ■such self-destruction or suicide of the holder of this policy, then this company will pay to his widow or heirs or devisees only such an amount on this policy as the member shall have paid to this company on this policy in assessments on the same, without interest. Upon violation of any of- the foregoing conditions this policy shall be null and void, without action on the part of the company or notice to the insured or beneficiary, and all payments made hereon and all accrued surplus or profits shall be forfeited to the company, except as above provided.” There is no controversy whatever in regard to the facts of ■the case, the question being whether the facts shown clearly proved that the assured committed suicide. The plaintiffs, upon the proof of death of the assured, and the policy held by him, and that he had paid all assessments called for by the defendant, rested their case. And the defendant then gave evidence of the facts and circumstances that tended to show how the assured came to his death. These facts and circumstances are very clearly and concisely stated in the bill of exception, and we shall repeat them as there stated: “Thereupon the defendant, to maintain the issues on its part joined, gave evidence tending to prove that the dead body of the insured, Frank Schwarz, was found by a police officer of the city of Washington on its back, feet being toward the east, in the early morning of December 30, 1892, rigid and the clothing covered with frost, in an open field just beyond the boundary of the city of Washington, District of Columbia; that on the left hand there was a kid glove, which hand held in its grasp the fellow glove, and that the right hand was ungloved; that a revolver, from which one shot had been fired, lay upon the ground about two feet from the right hand; that his watch and chain, pocket-book, and other valuable articles were found undisturbed upon the body of the deceased; that a pistol shot had penetrated his left breast just above the heart, which caused his death; that the body was clothed in underclothes; a suit of ordinary outer clothing, and an overcoat; that there was no sign of scorching or burning on the clothing; that there were no marks of footprints on the ground near or nearby the body which would indicate that there had been a struggle or altercation. The body was taken to the morgue in the city of Washington by the police of said city, and it was admitted by the plaintiffs to be the body of Frank Schwarz. Further, it was admitted by the stipulation of the parties that the deceased, on the 29th day of December, 1892, was indebted to the Anheuser-Busch Brewing Company in the several sums mentioned in a proof of debt filed by said company in the office of the register of wills of this district; that said proof showed that the deceased at various times from February, 1892, to December 31, 1892, had collected as agent of said company various sums on accounts and notes of that company for which he had not accounted, and which amounted in the aggregate, with interest, at the time of his death to the suxn of $2,843.93. “Further, the defendant gave evidence from the policy that on the 15th day of October, 1892, the deceased had transfex’red the policy in question from his wife, who was the original beneficiary thei'eof, to his personal representative. Further’, the defendant gave in evidence a letter which it was admitted in the stipulation Schwarz on December 29, 1892, wrote, signed and transmitted to Robert T. Heiston, one of the plaintiffs, a copy of which letter is as follows: “Dec. 29, 1892. “ My Dear Robert: When this reaches you your friend will be among the great army of the other world. I find that I cannot exist any more. Your check to-moi’row and some other obligations ax’e all piling up, and I cannot meet them. There are also some other matters which must be adjusted and which I ask that you arrange as best you can. As to Anheuser-Busch matter-, Vinton can give you information about them. I know there is enough property, etc., here to cover my obligations, and were I as good a borrower as I am or have been a lender things might go different. Bob, dear fellow, do for me what I would have done for you, and when some one says an unkind word I know you will say a kind one instead. ' All the papers herewith are arranged so that you can use them with effect towards liquidating my indebtedness to you, which I assui’e you is my sole object. Have me buried quickly and quietly and forget me afterwards. I have imposed the disagreeable task upon you and Br. Somerville to act as my executors. Good-bye. “ Frank. “ Let Walter sell the horses and you use the money to settle up matters.” It was further admitted that said Hieston received the letter just recited, together with other papers, through the mail, on the morning of December 30, 1892 ; and thereupon the evidence was closed, and no further or other evidence was offered b3r either side. Upon the foregoing evidence the court, at the instance of the defendant, instructed the jury that their verdict should be for the defendant, in respect to the plea or defence of suicide of the assured, but, by the terms of the policy, the plaintiffs were entitled to recover $19.50, without interest, that being the amount of the assessments paid by the assured.