The interior journal. [volume] (Stanford, Ky.) 1872-1881, 1874-07-24
Suicide aud Life Insurance.



1t is usual TO insert into policies Of
lifc-nsurancc n clause 10 the effect that,
if the assured shall die "by his own
hand,' etc, the policy shall he void and
Of no effect. 1t would seem, at first
sight, that this clause would vitiate the
policies of all suicides; for suicides die
"by their own hand In contempla-
ton Of law, however, they do not al
ways die by their own hand, and, there
fore, even when such clause is intro
duccd, their policies are not necessarily
void. When the suicide was, at the
time he took his life, so insane that he
was driven by an irresistible impulse to
commit the act, or that he was incapa-
bic of exercising his remaining powers
as to its real character, general effect and
consequences, his policy is not void, and
the parties for whose benefit he insured
his life may recover. Such is the Law,
as laid down in recent case in the Cir
cult Court of the United States for the
Eastern District of Michigan, by Judge
Longyear, in bis charge to the jury. The
suit was brought by Lottie A. Moore,
wife of Everett w. Moore, to recover
the amount of a policy issued by the
Connecticut Mutual Life Insurance Com
pany. ON the life If her husband. IL
was not disputed that Moore committed
suicide. The case turned on the ques-
ton whether he could technically be said
to have died by his own hand. The
court said that " die by his own hand
and suicide mean, in general, the same
thing, and that the courts had so held
But what was necessary to constitute su-
icide of tele de Sc? The putting an end
TO ones own existence, b. party arriv.
ed at years of discretion and in his sen.
ses. Moore took his own lite, and was
of years Of discretion. But was he in
his sense? On the decision of the last
question the whole case should turn
i. G., on the sanity or insanity of the
assured at the time he took his life. Of
course the sanity Of the assured was to
be presumed until the contrary was
shown; and the fact of the suicide is not
itself evidence Of insanity. Nor will all
insanity excuse the suicide. 1t must be
of such a degree as will make the com
pany liable. Anger, jealousy, shame,
pride, dread of exposure, fear of power
ty. may be, in sense. insanity; bu.
such insanity does not exempt a suicide
from the consequences of seli-destruction
vixen the act was done deliberately and
intelligently. In order that he may be
exempted there must be mental disorder
amounting to insanity; aud not till an
ger, jealousy, or the dread of poverty,
has induced such mental state do they
excuse the suicide. When such state
of mind has been produced and suicide
follows, the act is not the party's volun-
tary, intelligent act, and he does not,
technically speaking, die by his own
hand, Embarrassment in business,
checks without having funds on
which to draw, committing forgerles
when exposure was imminent, distress of
mind arising from these and other caus-
es, are not evidences of that degree Of |
insanity which would render the compa-
ny liable. Such cases do not incapaci-
tate man from using rational judg- |
ment in regard to the act of selfiestruc-
ton. They do not imply an insane i'm
pulse such as the reason might not re-
,ist, nor that his faculties were SO i'm
paired that he could not understand the
moral character, the nature and conse-
luences of the act he was about to COM
nit. Judge Longyear was of opinion
that defenses to suicide are placed on
The ground 50 far as the moral character
IF the act is concerned, as deienses for
murder. The degree of insanity which
excuses murder, excuses suicide, and
makes il not by ones own hand. When
, party is SO insane taht he can not dis
.inguish between right and wrong, he
,annot be convicted Of murder, nor
hould any consequences of his suicide
,e visited on his heirs or others claim
ng under him. Under these lnstruc-
ions the jury found that Moore was in
ane To such n degree Us not to make the
ct by which he took his life his own ra-
ional act, and they brought in verdict ,
or the full amount Of the policy, with !
interest. ,
The substance Of Judge Longyears {
ecision is, that suicide does not die by !;
is own hand when he is insane to such :
degree us would excuse him for taking :
he life of another, that, in such case, n
is policy may be recovered upon, but a
4 no other. ,
a n