The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1882-09-21
IN. Y. independents
Effects of Habitual IntOXicatiOn on Life
Insurance.

Intoxicating liquors are certainly yer,
greatly interested in the effect of tn
habit on the legal value of their poll
c1es: We believe that every compan,
IN the country makes provision that
It the insured dies in consequence o
the use OF alcoholic liquors, then tn
policy shall be null and void. 1t i
undoubtedly a fact that very many
men kill themselves by the use o.
such stimulants, when it is impossible
to prove this to be the cause; and, a
such cases have been decided agains
the companies at times and under pc
cullar circumstances, the belief tha
life companies must pay under al
cases Of death by drunkenness has
gained quite too much ground. W.
think that every honest man should
Justify life insurance company il
contesting claim against it which i:
caused by a man killing himself with
drink.
One of the clearest cases which has
been decided in favor of a company
was tried in Cincinnati, few years
since. The argument and opinion OF
the judge, which we quote, should be
a warning to people who believe that
the life companies will have to pay in
any case. Mr.. Francis M. Davidson
insured his life for $4,000 in one OF
the leading companies. He died in
less than year and it was evident
that his death was caused by intem-
perance. The policy stipulated that,
''if the insured should die by reason
of intemperance, from the use Of in
toxicating liquors, the policy should
be void and of no effect" also shat,
if the declaration made by or for the
assured should be found in any respect
untrue, the policy should be null and
void;" also ''that in every case where
the policy shall cease. or become null
and void all previous payments made
thereon and all profits shall be for
feited to the company" The insured,
in answer to questions in his ap-
plication, had said that he was 20
ber and temperate and always had
been 50. He had also said that he
was aware that any untrue or fraudu-
lent allegation would render his policy
void.
A friend had also aided in filling
out the application and had said that
Davidson's habits Of life were temper
ate and that he had always been a
temperate man; but, on the trial, the
friend acknowledged that he signed
such a statement morely to please a
friend and without paying much at
tentlon to it. The examining physi-
clan testified that, when he passed the
risk, he was not acquainted with the
man, and the agent said the same,
thus throwingal Of the responsibility
upon the insured. After Davidson
son died, the proofs Of death were
submitted, prepared by his friends,
and it was stated that he died Of con-
gestion Of the brain, etc. The proofs
were gotten up solely by those inter
ested in the payment. The case was
decided against the company by the
lower court; but was reversed on ap-
peal to the superior court. Judge
Yaple thus concluded his decision:
1.-The defense was that the insured,
at the time Of effecting the insurance
and until his death, was addicted to
intemperance and died from the ex-
cessive use Of intoxicating liquors.
Those who use intoxicating liquors
at all may be divided into three
classes. The first drink sometimes
and upon occasions, as it were, more
by accident than otherwise; but in so
exceptional manner that no one can
say they have any habit in regard to
such use. They can stop at any time,
even taking the glass from their lips
in the midst Of the feast. Whether
such drinking Injuries the health Of
those who indulge to this extent no
one can tell with certainty. 1t is
obvious this class would not be en-
braced in the terms Of the policy.
"a second class acquire constant
appetite for the use of intoxicating
liquors and regular habit Of using
them, so that the whole system is kept
under the immediate influence of al
coholic stimulants. This class would
be within the prohibition of this
policy.
"A third class acquire a constitu-
tionally nervous appetite for alcoholic
liquors, that really amounts to dis
ease. Such persons may remain so-
Der for a month, three or six months,
or even a year at time, and refuse to
taste any intoxicating drink, and then
go upon what is called a spree of
great intensity and lasting for a long
er or shorter period, usually until
prostration and sickness and often
delirium compel cessation and ter
inmate the spree. When beginning
Or in the midst Of such periodical de-
bauch no earthly consideration or per-
suasion can arrest the course of the
subject or induce him to stop drink
ing. In this he is strikingly different
from the first class referred to.
There are two varieties of 'spreers
The one is boisterous and seen every
where; the other, conscious of his
self-degradation and disgrace, hides
himself from observation, so as not
to be seen and have his condition and
habit known, and few, except his
family and intimate acquaintance,
may know or suspect him.
1.-The evidence satisfies the court
that the insured, though an honest
and efficient business man, was a
'spreer' at the time he effected this
insurance, and continually up to the
time Of his death, which they had no
doubt was caused by heavy spree.
The testimony of his being so addict
ed to the use of Intoxicating drinks
the court regarded as overwhelming
and the jury must have acted under
some great mistake in apprehension
of the law applicable to the facts. A
great number Of special charges wert
asked, and it was his Judge Yaple's,