(Download) "Nichols v. New York Life Ins. Co." by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: Nichols v. New York Life Ins. Co.
- Author : Supreme Court of Montana
- Release Date : January 19, 1930
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Life Insurance ? Defense Death by Suicide ? When Presumption Against Suicide and in Favor of Accident ? Evidence Held Sufficient to Sustain Plea of Suicide ? Non-liability of Insurer. Life Insurance ? Liability in Case of Death from "External, Violent and Accidental" Means ? Death from Taking Poison by Mistake Included in Phrase. 1. Within the meaning of a life insurance policy which provides for liability on the part of the insurer in case of death of the - Page 133 insured from "external, violent and accidental means," death resulting from the taking of poison by mistake falls within the quoted phrase, the burden of proof resting upon plaintiff to show that death was caused by such means. Same ? Presumption Against Suicide and in Favor of Accident ? When Presumption Removed by Evidence to Contrary. 2. Where, in an action on a life insurance policy of the nature of the above, death is shown to have resulted from external and violent means and the issue is whether it was due to accident or suicide, the presumption is against suicide and in favor of accident, which presumption, however, must give way to evidence to the contrary where it all points to suicide as the cause of death with such certainty as to preclude any other reasonable hypothesis; the question then becomes one of law for the court and not one for submission to the jury. Same ? Death by Suicide, not Accident ? Evidence ? Sufficiency ? Non-liability of Insurer. 3. Held, in an action on a life insurance policy under which the insurer was liable if death resulted from external, violent and accidental cause but providing that in case of self-destruction during the first two insurance years, whether the insured was sane or insane, the companys liability should not exceed a sum equal to the premiums paid, that the evidence showing a quarrel between plaintiff husband and his deceased wife shortly before her death, that she obtained strychnine from a drug-store, swallowed three capsules and regretted that she had not taken more, was reluctant to submit to medical treatment and implored divine forgiveness for her act, etc., led to but one reasonable conclusion ? that of suicide, and that the court erred in denying a motion for a directed verdict in favor of defendant. Evidence ? Uncontradicted Credible Evidence may not be Disregarded. 4. Uncontradicted credible evidence may not be disregarded by either court or jury.