Thomas v. Metropolitan Life Insurance

131 A.2d 600, 388 Pa. 499, 1957 Pa. LEXIS 470
CourtSupreme Court of Pennsylvania
DecidedMarch 25, 1957
DocketAppeal, No. 157
StatusPublished
Cited by11 cases

This text of 131 A.2d 600 (Thomas v. Metropolitan Life Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thomas v. Metropolitan Life Insurance, 131 A.2d 600, 388 Pa. 499, 1957 Pa. LEXIS 470 (Pa. 1957).

Opinions

Opinion

Pee Cueiam,

We are in accord with the determination of this action in assumpsit and the judgment entered in favor of the defendant is affirmed on the following portion of the able opinion of Judge Lewis :

“This matter comes before the court en banc on the plaintiff’s motion for judgment on an agreed set of facts.

“The defendant company issued a life insurance policy in the face amount of $5,000 on the life of Francis R. Thomas, Jr., effective February 28, 1948.

“His father, Francis R. Thomas, Sr., plaintiff in this action, was named beneficiary.

“The policy contained an accidental death benefit clause providing for an additional $5,000 payment (‘. . . upon receipt at the Home Office of due proof of death of the Insured, while this provision is in effect, as the result, directly and independently of all other causes, of bodily injuries caused solely by external, violent, and accidental means, and that such death shall not have occurred ... as a result of an act of war.’)

“The facts disclose that the Insured became a private in the United States Marine Corps and was killed in Korea on October 27, 1952, while he was attempting to single-handedly storm a series of bunkers and trenches occupied by enemy troops. His immediate death was brought about by being struck with an enemy hand grenade.

“On receiving proof of death of the Insured, the defendant company paid the face amount of the policy, but they refused to pay double indemnity, because they contended that the Insured was killed ‘as a result of an act of war ’

“The plaintiff contends the Insured was not killed by an ‘act of war’ because no war existed between the United States and any other nation. While the plain[502]*502tiff’s counsel admits that the struggle in Korea involved armed conflict between a group of nations, yet he argues it could not be considered a war, because the United States had not formally declared war on the North Koreans or the Chinese Communists.

“In support of this argument, the plaintiff cites the recent case of Julia Beley v. Pennsylvania Mutual Life Insurance Company, a Corporation, 373 Pa. 231.

“We must first determine then what we mean by the term ‘war’.

“While the generally accepted meaning of the word ‘war’ is an armed conflict between two nations, according to the various opinions handed down by the many courts throughout the land, the legal interpretation of the word ‘war’ is not as simple as it would seem. Beginning with the earliest cases, there has been a marked conflict, not only between the different courts, but between judges of the same court, as to the legal interpretation of the word ‘war’.

“In our own state of Pennsylvania, in the Julia Beley case, supra, four justices interpreted ‘war’ to mean one thing and two others gave it an entirely different meaning.

“This difference of opinion is largely due to the fact that the courts from the earliest days recognized that wars fall into one of two classifications. They are either declared or undeclared.

“In the case of Bas v. Tingy, Supreme Court, 1800, 4 Dallas 37, which is one of the earliest cases on the subject, the court points out there may be two kinds of wars which a nation might become engaged in:- — a declared or solemn war, or an undeclared or imperfect war.

“The Court, in discussing the definition of the Avord ‘war’, said: ‘It may, I believe, be safely laid down, that every contention by force between two nations, in ex[503]*503ternal matters, under the authority of their respective governments, is not only war, but public war. If it he declared in form, it is called solemn, and is of the perfect kind; because one whole nation is at war with another; and ail the members of the nation declaring Avar are authorized to commit hostilities against all the members of the other, in every place, and under every circumstances. In such a war all members act under a general authority and all the rights and consequences of Avar attach to their condition.’

‘But hostilities may subsist between two nations more confined in their nature and extent; being limited as to places, persons and things; and this is more properly termed imperfect Avar; because not solemn, and because those who are authorized to commit hostilities, act under special authority, and can go no farther than to the extent of their commission. Still, however, it is public war, because it is an external contention by force, betAveen some of the members of the tAvo nations, authorized by the legitimate powers. It is war between the two nations, though all the members are not authorized to commit hostilities such as in a solemn war, where the government restrains the general power.’

“The Plisa Ann case, 1 Dodson 244, decided in the High Court of Admirality, Great Britain in 1833, stands for the proposition that there may be a war betAveen two countries without having a declaration on either side.

“In the famous Prise Gases, United States Supreme Court, 1862, 2 Black 635, arising out of the Civil War, the majority opinion concurred in by five justices stated that the Civil War Avas a war and the belligerents engaged in actual warfare were entitled to have their rights protected under International Law even though the Government of the United States had not declared war.

[504]*504“The majority opinion stated: ‘A civil war is never solemnly declared; it becomes such by its accidents— the number, power and organization of the persons who originate and carry it on. When the party in rebellion occupy and hold in a hostile manner a certain portion of territory; have declared their independence; have cast off their allegiance; have organized armies, have commenced hostilities against their former sovereign, the world acknowledges them as belligerents, and the contest a war.’

“The minority opinion in which four justices concurred stated: ‘But before this insurrection against established government can be dealt with on a footing of civil war, within the meaning of the law of nations and the Constitution of the United States and which will draw after it belligerent rights it must be recognized or declared by the war making power of the government. No power short of this can change the legal status of the government or the relations of its citizens from that of peace to a state of war, or bring into existence all those duties and obligations of neutral third parties growing out of a state of war.’

“In the case of Hamilton v. McClaughry, 136 Fed. 445, the court held that the Boxer Rebellion in 1900 was a war, although history books have continually referred to it as a rebellion. The court said that a war can be entered into by a sovereign or between sovereign nations without the necessity of a formal declaration.

“In the case of Arce v. State, 202 S. W. 951, the Criminal Court of Appeals of Texas held that the controversy between the United States and Mexico in 1916 constituted war although war had not been declared. The court said: ‘While the invasion of Mexico by Gen. Pershing’s column was not a public or complete war, or not preceded by a declaration of war against Mexico by the United States, it was an act of war and under [505]*505the definitions given by Gen.

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Bluebook (online)
131 A.2d 600, 388 Pa. 499, 1957 Pa. LEXIS 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-metropolitan-life-insurance-pa-1957.