Brunswick v. Standard Acc. Ins. Co.
Citation | 195 Mo. A. 651,187 S.W. 802 |
Decision Date | 05 July 1916 |
Docket Number | No. 14380.,14380. |
Parties | BRUNSWICK v. STANDARD ACC. INS. CO. OF DETROIT, MICH. |
Court | Court of Appeal of Missouri (US) |
Appeal from St. Louis Circuit Court; James E. Withrow, Judge.
"To be officially published."
Action by Pauline Brunswick against the Standard Accident Insurance Company of Detroit, Mich. Judgment for defendant, and plaintiff appeals. Case certified to the Supreme Court for final determination by reason of its conflict with the decision of another Court of Appeals.
Emerson E. Schnepp, Otto F. Karbe, and Taylor & Mayer, all of St. Louis, for appellant. Merritt U. Hayden, of St. Louis, for respondent.
This is a suit on a policy of accident insurance. The finding and judgment were for defendant, and plaintiff prosecutes the appeal.
Plaintiff is beneficiary in the policy issued by defendant to her husband, William Brunswick. The policy, as stated, is one of accident insurance in that it stipulates insurance on William Brunswick against disability or death resulting directly, exclusively, and independently of all other causes from accidental bodily injuries except when self-inflicted while insane. There is no substantial evidence tending to prove an "accident," as that term is commonly understood and accepted, but it is said plaintiff's husband committed suicide.
There is ample evidence in the record tending to prove that the insured, plaintiff's husband, while the policy was in force and effect, committed suicide through taking poison, that is, cyanide of potassium. It sufficiently appears that the policy was issued to Brunswick in the city of St. Louis, where he resided, and in which city he subsequently died, and therefore it is to be interpreted in connection with our suicide statute.
At the instance of defendant, the court gave the two following instructions:
It is argued the court erred in so instructing the jury, in that under the law suicide is deemed an accident within the policy when construed together with our statute (section 6945, R. S. 1909). The statute is as follows:
On these facts the question of liability under an accident policy was considered in connection with our suicide statute above quoted by the Supreme Court of the United States, which gave judgment to the effect that the plaintiff was entitled to recover the full amount of the policy sued on. Subsequently this court, in Applegate v. Travelers' Ins. Co. of Hartford, Conn., 153 Mo. App. 63, 90, ...
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Brunswick v. Standard Acc. Ins. Co.
...for defendant, plaintiff appealed to St. Louis Court of Appeals, from which the case was transferred to the Supreme Court (195 Mo. App. 651, 187 S. W. 802). Reversed and Emerson E. Schnepp, Otto F. Karbe, and Taylor & Mayer, all of St. Louis, for appellant. Anderson, Gilbert & Hayden and M.......
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Brunswick v. Standard Accident Insurance Company
... ... it could not, by any provision thereof, cut down or diminish ... that liability. Keller v. Travelers Ins. Co., 58 ... Mo.App. 557; Whitfield v. Aetna Life Ins. Co., 205 ... U.S. 489. (3) Furthermore, the verdict is such as to be ... absolutely and ... ...
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Fields v. Pyramid Life Ins. Co.
...The statute eliminates suicide as a defense." 153 Mo. App. l.c.s 72, 89, 90, 132 S.W. l.c.s 5, 11. (Brunswick v. Standard Acc. Ins. Co. (1916), 195 Mo. App. 651, 654, 187 S.W. 802, 803[2], followed the Applegate and other cases, stating: "If these judgments are sound, then suicide is to be ......
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Continental Casualty Co. v. Agee
...Insurance Co., 58 Mo. App. 557, 561; Applegate v. Travelers' Insurance Co., 153 Mo. App. 63, 90, 132 S. W. 2; Brunswick v. Standard Acc. Ins. Co., 195 Mo. App. 651, 187 S. W. 802, to cases of both intentional and unintentional suicide. Afterwards, in a later series of cases, the Supreme Cou......