Hassencamp v. Mutual Ben. Life Ins.

Citations

• 120 F. 475
• 56 C.C.A. 625
• 1903 U.S. App. LEXIS 4498

Syllabus

<p>1. Life Insurance — Action on Policy — Proofs of Death as Evidence.</p> <p>Proofs of death furnished by the beneficiary in a life, insurance policy, as required by its terms, are admissible on behalf of the insurance company in an action on the policy, and are prima facie proof against the plaintiff of the facts therein stated, including the fact of suicide, and are conclusive, unless the plaintiff shows that the statements made were erroneous, or were given through mistake or misapprehension.</p> <p>2. Same — Defense of Suicide — Evidence.</p> <p>Where the proofs of death of an insured, furnished the company and introduced in evidence on its behalf in an action on the policy, contained, as required by the policy, a certified copy of the proceedings at a coroner’s inquest, including the verdict finding that the insured committed suicide, which avoided the policy by its terms, and also a certificate of the attending physician to the same effect, such evidence was not overcome by testimony merely tending to show a want of motive, and that insured was a man of good character and habits, and the direction of a verdict for defendant was proper.</p> <p>¶ 1. See Insurance, vol. 28, Cent. Dig. §§ 3359, 3702.</p> <p>¶ 2. Suicide as a defense to action on life insurance policy, see notes to Etna Life Ins. Co. v. Florida, 36 C. C. A. 623; Fidelity & Casualty Co. of New York v. Egbert, 28 C. C. A. 284.</p>