The times. [volume] (Richmond, Va.) 1890-1903, 1898-01-28

The late decision Of the United States
Supreme Court involving the liability of
an insurance company on a policy held
by a man. who, in sound mind. deliberate
~ commits suicide. has attracted much
attention. and as there is evident msun-
Outstanding as TO the fun meaning OF the
decision. we cite the principal points COW
cred as we CLEAN them from the abstract
of the opinion by Justice Harlan. The
case In point was that of the executor
OF William NJ. Runk against the Mutual
Life Insurance Company. of New York.
1t appears that about the time of the
execution of the policies in suit, Runk
heidi policies upon his life to the extent
of $4,000 issued to him by various COM
panies. and that the year 1892 he effected
additional Insurance TO a considerable
amount the total at the time OF his death
being 100000. BY his own confession he
was a defaulter. and took out this in
surance with the deliberate purpose OF
committing suicide that the policies might
he converted into cash and the proceeds
used to liquidate his debts.
The company resisted payment and an
action was brought by the executor in the
United States Circuit Court of Appeals
for the thnd circuit. The company sub
mitted as a part of its affidavit the APP
plication which Runk had made for insur-
anoe. in which application it was express
~ stipulated and agreed that the appli-
cant would not die by his own hand.
whether sane or insane. within a period
o, two years from the date OF tn, policy.
The plaintiff objected to this affidavit on
the ground that the application was not
attached TO the policy in accordance with
the Pennsylvania statute. and the objec-
ton was sustained by the court. On this
point the Supreme Court does not pass,
simply saying that If error was com
mitted in this particular it was one for
the benefit Of the plaintift. The question
before the trial court. therefore. was one
simply as to whether or not the plain
tin was sane or insane when he took his
life. The jury were instructed that If
they found that the plaintiff was insane
when he committed suicide. they must
find for him. but that II he was in sound
mind. they must find for the defendant
The jury decided that the plaintiff was
I'm his right mind when the act Of suicide
was committed. and rendered a verdict
for the defendant.
The whole question considered. there
fore. by the lower court and subsequently
by the Supreme Court was as to the
validity OF policy on the life of man
who had deliberately ended his existence.
being in sound mind at the time.
The Supreme Court, in passing upon
this point says that the parties to the
contract did not contemplate insurance
against death caused by deliberate. in
territorial seli-destructon when the assur-
ed was in sound mind. and that this is
apparent from the provisions. require
mcnts. and benefits" referred to in. and
made a part of the policy. They show
says the court. that the policy was is
sued on the twenty year distribution plan
and was to be credited with It's distribu-
i've Sutfc u sur piNo o'ioibipi'h ~ AnN
expiration Of twenty years from the date
Of issue.
The Court then cites other such provl-
sions of the policy. all going 10 show con-
clusively that the death referred TO in the
Motley was TO be a death occurring in
tho ordinary course OF events, and not
by the violent act or the assured designed
10 bring about his death. The Court
then says:
In the case of fire insurance IT is wen
settled that although policy. In tie
usual form. lndemniiying against loss by
fire, may cover loss attributable merely
10 the negligence or carelcssness of the
insured. unaffected by fraud or design IL
/. will not cover "A destruction OF the prop
erty by the williul act OF the assured
himself In setting ire TO II. not for the
purpose OF avoiding a peril OF a worse
kind. but with the intention OF simply
effecting Its destruction. Much more
should II be held that Il IL not contem-
plated by a policy taken out by the per-
xon whose life Is Insured. and stipuiating
for the payment OF q named sum to him
self, HIS executors. administrators. or as
eigns. that the company should be liable.
N his death was Intentionally caused by
Ninsslf when In sound mind. When the