Dennis v. Union Mutual Life Insurance Co.

Citations

• 84 Cal. 570
• 24 P. 120
• 1890 Cal. LEXIS 844

Syllabus

<p>Life Insurance — Self-destruction of Assured —- Pleading — Burden of Proof. — When a policy of life insurance contains a provision that the company does not assume the risk of self-destruction of the insured person, it is not incumbent on the plaintiff to plead or prove that the insured person had not committed self-destruction, but the burden rests upon the insurance company to plead and prove such self-destruction as matter of defense.</p> <p>Id. — Complaint on Insurance Policy—Anticipating Defense — Conditions Subsequent — Prohibited Acts — Excepted Risks. ■—A complaint on an insurance policy must aver the loss, and that it occurred by reason of a peril insured against, but need not contain allegations for the purpose of meeting or cutting off a defense, nor aver the performance of conditions subsequent, nor negative prohibited acts, nor deny that the loss occurred from excepted risks.</p> <p>Id. —- Proof of Self-destruction. —When the proofs of loss furnished by the assured to the insurance company, and the evidence adduced on the trial by the company, show without conflict that the death of the insured person was not accidental, but that he committed suicide or self• destruction with a pistol while temporarily insane, if there is a provision in the policy relieving the company from risk in case of self-destruction of the insured, whether voluntary or involuntary, and whether he be sane or insane at the time, a recovery upon the policy will he precluded by such proof, and a judgment thereon in favor of the assured must he reversed.</p>