The Prudential Insurance Company of America v. The Gray Manufacturing Company, and Jennie Johnson Ditmars

328 F.2d 438, 1964 U.S. App. LEXIS 6548
CourtCourt of Appeals for the Second Circuit
DecidedJanuary 29, 1964
Docket188, Docket 28448
StatusPublished
Cited by6 cases

This text of 328 F.2d 438 (The Prudential Insurance Company of America v. The Gray Manufacturing Company, and Jennie Johnson Ditmars) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
The Prudential Insurance Company of America v. The Gray Manufacturing Company, and Jennie Johnson Ditmars, 328 F.2d 438, 1964 U.S. App. LEXIS 6548 (2d Cir. 1964).

Opinions

KAUFMAN, Circuit Judge.

By the terms of an employment contract concluded in 1957, appellant Gray Manufacturing Company agreed to maintain certain insurance policies previously secured on the life of Walter Ditmars, an executive of the Company. Stated briefly, the agreement provided that Ditmars’ wife, the present appellee, was to become the beneficiary of these policies for a period extending through December 31, 1962, the date on which Ditmars’ employment was to terminate; as of January 1, 1963, Gray was to have exclusive rights to the proceeds. Late in the afternoon of December 31, 1962, Ditmars walked into the Putnam Memorial Hospital in Bennington, Vermont, located an empty room, and intentionally took his own life with a bullet. Death was virtually instantaneous. Admitting liability, the insurer brought this action in inter-pleader, 28 U.S.C. § 1335, to determine the conflicting rights of Gray and Ditmars’ widow to the proceeds, totalling some $104,036.29. On cross-motions for summary judgment, the District Court ruled in the widow’s favor, and the Company appeals. ;-

Since the appeal is from the award of summary judgment, the material facts are not in dispute. As revealed by the pleadings, affidavits, and stipulations of the parties, the insurance policy in question was originally obtained in 1944. At the time, Ditmars was Gray’s president, and the policy was intended to provide what is commonly considered “key-man” insurance; as is customary in such arrangements, the Company was to pay all premiums and to receive all benefits. In February of 1957, as Ditmars approached his sixty-second birthday, the parties decided to renegotiate their relationship. The new agreement, to extend through December 31, 1962, called for Ditmars to serve “as a consultant and in an advisory capacity” to Gray and its Board of Directors ; Ditmars also warranted that he would not engage in any enterprise competitive with that of the Company. In return, Gray contracted to pay Ditmars an annual salary of $25,0*00, and to extend to him purchase options on a substantial block of Gray’s capital stock. And, most relevant for present purposes, the Company further agreed that “as additional compensation to Ditmars,” it would continue for the term of the contract the existing insurance policies on Ditmars’ life, then totalling $200,000 in face amount. To enhance the attractiveness of this concession, the agreement provided for a change in beneficiary. Thus, Jennie Johnson Ditmars, the decedent’s wife, was to become the beneficiary of the entire $200,000 for the years 1957 and 1958; of $150,000 for 1959; and of $100,000 for 1960,1961 and 1962. Concurrently with the employment agreement, the insurance policies were amended so as to reflect this new understanding.

Gray did, in fact, pay the premiums for the years 1957 through 1962, and [440]*440Ditmars reported these payments in his income tax returns as additional compensation for the years in question. There is nothing before us to indicate, moreover, that Ditmars did not satisfactorily perform the consulting services required of him during the life of the agreement. For our purposes, therefore, it appears that when Ditmars entered the hospital in Bennington, Vermont, the contract had been complied with in all material respects, and only eight hours remained before it was to expire.

The stipulation of the parties containing the only significant reference to the question of Ditmars’ suicide is a model of unenlightening brevity. In its entirety, the stipulation recites that “Said Walter E. Ditmars entered Putnam Memorial Hospital on the day in question as a visitor shortly before inflicting said bullet wound on himself and for this purpose he sought and utilized an unoccupied room at said hospital.” Neither party offered a scintilla of evidence which might illuminate Ditmars’ purpose or his motivation; his physical and mental condition, his emotional and economic status,. were all unrevealed.

In his opinion below, Judge Clarie found no reason to depart from the clear wording of the employment agreement and the insurance policy. Rejecting arguments of public policy and actual fraud, he concluded that the contracts required the proceeds to be paid to Jennie Ditmars if her husband died before midnight on December 31, 1962; he found no restrictions imposed upon payment which related to cause of death. He noted, moreover, that the failure of the parties to indicate that suicide might be subject to different treatment was especially significant since the policy itself contained a clause providing that no benefits were to be paid in cases of suicide occurring within two years of the date of issuance of the policy. Since this period had long since elapsed, and since he found that Mrs. Ditmars’ rights as a beneficiary had vested, cf. Farmer’s Loan & Trust Co. v. McCarty, 100 Conn. 367, 124 A. 40 (1924), he concluded that she was entitled to the proceeds, regardless-of Ditmars’ mental state or motivation at the time of his act.

On appeal, Gray concedes that the literal wording of the employment agreement required that the proceeds be paid to the appellee. The Company argues, however, that Ditmars’ intentional act of self-destruction, occurring but a few hours before the agreement was to expire, created equitable rights in Gray superior to the legal claims of Ditmars’ widow. Under the circumstances, Gray contends, recovery for Jennie Ditmars would condone an immoral act; we are compelled, it argues, to avoid such a result as a matter of “public policy.” Even more strenuously, Gray maintains that Ditmars’ suicide violated a duty of fair dealing to the Company, and that recovery for his widow would, therefore, permit Ditmars to profit by his own wrong. At the very least, Gray insists, an inquiry should be held into Ditmars’ sanity at the time of his death.1 If he were sane, or so the argument goes, his intentional suicide should not be permitted to frustrate the Company’s rights to the proceeds of the policy for, in such a ease, it urges, the sole motivation for Ditmars’ suicide must have been to enrich his widow.

It is not difficult to dispose of the Company’s “public policy” argument. In Northwestern Mut. Life Ins. Co. v. Johnson, 254 U.S. 96, 41 S.Ct. 47, 65 L.Ed. 155 (1920), Mr. Justice Holmes clearly expressed the conviction of a unanimous Supreme Court that recovery by a beneficiary whose insured had committed suicide could not be presumed to violate public policy. In the absence of a clause [441]*441in the insurance contract expressly excluding suicide from the risks generally covered, the Court held, recovery was to he denied only if the public policy of the state involved clearly so required. In the instant case, the parties have been unable to discover any such “public policy” in the statutory or decisional law of Connecticut, the state with the most significant contacts to the contract of insurance. While the Connecticut courts have not been confronted with a situation .similar to that before us, it seems significant that attempted suicide does not constitute a crime under Connecticut law. It seems relevant to note, moreover, that the vast majority of those jurisdictions which have passed on the question have permitted a beneficiary to recover upon an insurance policy in cases in which the insured has taken his own life. See, e. g., 6 Couch, Cyclopedia of Insurance Law § 1262; 1 Appleman, Insurance Law & Practice § 367; Prudential Ins. Co. v.

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328 F.2d 438, 1964 U.S. App. LEXIS 6548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-prudential-insurance-company-of-america-v-the-gray-manufacturing-ca2-1964.