New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-04-06
THE Law or LIFE INSURANCE.

The closing lecture of the course before the
last evening by the Hon. Charles j. McCurdy of COnnec
tcu on OF Life Insurance. The lecture treated
particularly upon the nature and effect of the rep
reservations made 10y the person insured the time Of
procuring policy and Of the clauses in the policy con-
corning the subsequent acts of the insured especially in
the of suicide.
The substances Of the contract itself made by the in
sured with the company includes the a
Of questions as TO his health aud that OF his family is
agreed that his averments true, and the obligation
of the policy upon the company depends upon their
correctness. The company has right to rely upon
these statements, and therefore the applicant must
make them III good faith The applicant need not tell
such things the officers OF the company know,
what they ought 10 Know OF wnat flsRs t1ey run HIS
statements are representations mat may FORM the basis
of contract, but are not necessarily a warranty The
application must include all material facts. An oral
misrepresentation violates he contract quite as much
written II makes no difference whether the
The cOnceament Of a known, Voids insurance.
The assured may make himself responsible for the
statements of another who represents him, where
creditor procules insurance upon debtor whom ne
describes, and If these statements misIepresonta
tiOns they may VOID the policy. Every representation,
oral written, must be supposed 10 Influence the
insurer insurer ana 10 be part OF the means by
premium. Insurance companies always endeavOr
TO have representations considered warranees. The
Courts Will only sustain this view where they
made so by the terms OF the policies The term good
health" III representation BY an applicant does not
perfect health. but absence Of knowledge of
such disease is likely to shorten life There be
recovery in a suit If the Misrepresentation is complete
facts in regard 10 disease that the applicant may
have had if he has recovered FROM and forgotten
it, II he should declare that he never had fit, and
may vitiate the policy. question as TO occupation If
untTnly answered, may make policy void. Where au
applicant stated that she the wife the person
whom the policy was payable II was ultimately declared
void from that not proving to be the fact Tins rule TO
the essential need OF truth III representations is equally
true Of statements 10 place of living habits &c. The
company mas right 10 say whether they Will or not
"a
disease the insured dies Of has nothing do with the
natter the question the truth O the representa-
ton. question TO previous application and refusal
by another company, falsely answered prevented Ire.
cOyery in case that was cited by the lecturer.
The requisite OF prompt payment of due premiums
usually works q forfeiture If neglected. Where pre-
MUM came due on sunday II was however, held that
its payment on Monday bound the company II agent
gives credit to policy holder for premium due instead
OF requiring cash from h and 80 states 1t on the books
OF the company, the policy Is good If is injured
at IL O'clock his policy expires and renewed at II
O'clock and he dies at O'Clock, the policy is void. AS
travelling and residence. the phrase Settled limits"
has been decided TO mean any where in the United
states Questions arising out OF the phrase known
violations Of law presumed by law 10 have reference
to criminal acts II an act likely to bring about crime
committed, IL may be considered crime far TO
void the policy Asto hanging the celebrated faunteroy
case was cited He was hung III England for forgery
The Courdecded against the ciam, and their decision
was sustained upon appeal.
In suicide, question IT, Of course as to the
sanity OF the person VINO commits It, Erskncs decision
lies at the foundation Of most American practice The
only qualification Is that the act OF suicide should he
voluntary and williu act having that intent and pur
pose. The suicides capacity for recognizing the
into. The moral question TO the perversion Of his
faculties cannot be considered The speaker quoted "a
great variety of authorities and decisions, all ebodying
this idea Several English turned upon the simple
questiOn-was the act OF suicide yOluntaryf In
In New York where the deceased ravIng Iunaic,
whO escaping from his keepers threw himself overheard
aud drowned In the Hudson river, the decision
against the company though strange to say the Court
was divided in It's decision The dissenting Judge
sidered the na act OF selfdestrdction conscious act
and that the man died by his hand because he
acting apparently for this purpose Judge BgelOw IN
decision where man had cut his throat said that the act
must he proved to be OF yOiton-nO Of blind In.
sanity. This decided against the pnintiH Al.
being considered that the suicide was Intentional.
In a la EasterbrOOk against the Union AIil-
ual Life Insurance COmpaDy-tbc jury declared that the
suicide did not occur through vOltlOn Judge Appleton
said, IN this that insane suicide more
person. In late Ia Neutrality-suspicious. ngnst
he Massachusetts, Life Insurance COmpany-ihere was
change made by the Court IN the general doctrine of
hese decisions. Even IN decisions late The past
'caf In the United states Courts two have
ieclded npOn the same general pTnc pies. There II
HiDd Idce presumption That suicide indicates insanity
tred In Hartford Conn, IN November 1850 the
Judge charged the jury In similar waytba the qnes
ion WAS OF the deceaBed's knowledge OF the physical
esus OF his act. The man, after riding quietly
distance Ia "a car reading newspaper, rot out at n
hot himself In TINS case the net ~ SELF obstruction
evidently pfemedatcd Suicide may indicate great
JOral peryerslOH but II "a cndOws his family with
fortune by H. Tar from proving Insanity IL may he
r most rational act Oi his NE. T6cTc INSTANCES
here Intentional sucIde-as In the case when the /
jldor leads fOjOrn b0pe-nay be hrrOsiI but III the
F.DDaTy Judgment vi manhiDd n not insanity.