Supreme Court, Knights of the Maccabees of the World v. Marshall

Appellate Court of Illinois

Supreme Court, Knights of the Maccabees of the World v. Marshall

111 Ill. App. 312, 1903 Ill. App. LEXIS 248

CourtAppellate Court of Illinois

DecidedNovember 13, 1903

StatusPublished

Cited by1 cases

This text of 111 Ill. App. 312 (Supreme Court, Knights of the Maccabees of the World v. Marshall) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Supreme Court, Knights of the Maccabees of the World v. Marshall, 111 Ill. App. 312, 1903 Ill. App. LEXIS 248 (Ill. Ct. App. 1903).

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Opinion

Mr. Presiding Justice Brown

delivered the opinion of the court.

This is an action on a policy of life insurance issued by appellant on the life of Albert Marshall and payable to appellee, who is the widow of the insured. A trial resulted in a verdict and judgment in favor of appellee for two thousand dollars.

The defendant pleaded the general issue, and a special plea that deceased committed suicide in violation of a bylaw of appellant, which provided that no benefit should be paid on the death of any member by suicide, whether the member was sane or insane at the time, except that a sum double the amount paid by the member into the benefit fund of the society, should be paid to the beneficiary. Further, that deceased had assented to that by-law and that appellant was ready to pay $56, that being" double the amount paid by deceased into appellant’s benefit fund. The by-law was a part of the contract of insurance.

Appellee replied that deceased was, at the time he took the poison which caused his death, so mentally unsound as not to comprehend the physical nature of the act of self-destruction, and was incapable of forming an intent to take his own life. Appellant demurred to this replication and the court overruled the demurrer. This was error.

A provision of a life insurance policy which provides against liability if the insured shall commit suicide, whether sane or insane, is a complete exemption from liability in case of suicide by the insured, notwithstanding he was wholly insane and totally incapable of understanding the physical nature and effect of his act of self-destruction. Seitzinger v. The Modern Woodmen of America, 204 Ill. 58.

For the error in overruling the demurrer to the replication, the judgment of the Circuit Court will be reversed and the cause remanded.

Reversed and remanded.

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Mr. Presiding Justice Brown

delivered the opinion of the court.

This is an action on a policy of life insurance issued by appellant on the life of Albert Marshall and payable to appellee, who is the widow of the insured. A trial resulted in a verdict and judgment in favor of appellee for two thousand dollars.

The defendant pleaded the general issue, and a special plea that deceased committed suicide in violation of a bylaw of appellant, which provided that no benefit should be paid on the death of any member by suicide, whether the member was sane or insane at the time, except that a sum double the amount paid by the member into the benefit fund of the society, should be paid to the beneficiary. Further, that deceased had assented to that by-law and that appellant was ready to pay $56, that being" double the amount paid by deceased into appellant’s benefit fund. The by-law was a part of the contract of insurance.

Appellee replied that deceased was, at the time he took the poison which caused his death, so mentally unsound as not to comprehend the physical nature of the act of self-destruction, and was incapable of forming an intent to take his own life. Appellant demurred to this replication and the court overruled the demurrer. This was error.

A provision of a life insurance policy which provides against liability if the insured shall commit suicide, whether sane or insane, is a complete exemption from liability in case of suicide by the insured, notwithstanding he was wholly insane and totally incapable of understanding the physical nature and effect of his act of self-destruction. Seitzinger v. The Modern Woodmen of America, 204 Ill. 58.

For the error in overruling the demurrer to the replication, the judgment of the Circuit Court will be reversed and the cause remanded.

Reversed and remanded.

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111 Ill. App. 312, 1903 Ill. App. LEXIS 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/supreme-court-knights-of-the-maccabees-of-the-world-v-marshall-illappct-1903.

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