Dischner v. Piqua Mut. Aid & Accident Ass'n

Citations

• 14 S.D. 436
• 85 N.W. 998
• 1901 S.D. LEXIS 39

Syllabus

<p>1. In an action on a life insurance policy where defendant claimed that assured suicided, and the attending physician, in the proofs of death, gave suicide as the cause of death, hut the evidence merely showed that from three to five minutes after deceased was seen on the street he was found dead in his place of business, with a bullet in his brain, and a revolver with one empty chamber lying in a pool of blood under one of his limbs, the facts were not so necessarily, indicative of suicide as to justify the court in refusing to submit the case to the jury.</p> <p>2. Where a benefit certificate provided that the beneficiary should not be entitled to any participation in the benefit fund if insured suicided, and further provided for payment from the benefit fund in the usual course of adjustment, the contention that the suicide clause referred only to payment from the benefit fund, and that the beneficiary was entitled to payment out of some other fund, even though insured suicided, was without merit..</p>