Allison v. Bankers Life Co.

• Decision Date: 16 September 1941
• Docket Number: 45568.
• Citation: 299 N.W. 889,230 Iowa 995
• Parties: ALLISON v. BANKERS LIFE CO.
• Court: Iowa Supreme Court

299 N.W. 889

230 Iowa 995

ALLISON v. BANKERS LIFE CO.

No. 45568.

Supreme Court of Iowa.

September 16, 1941

MILLER, C. J., and STIGER and WENNERSTRUM, JJ., dissenting.

Appeal from District Court, Polk County; O. S. Franklin, Judge.

Plaintiff-beneficiary recovered verdict and judgment for double indemnity benefits under two policies upon the life of her husband insuring against death caused from bodily injury effected through external, violent and accidental means. Defendant appeals.

Affirmed.

J. P Lorentzen and Dwight Brooke, both of Des Moines, for appellant.

Hansen & Wheatcraft, of Des Moines, for appellee.

GARFIELD Justice.

The issue upon the trial was whether death of the insured resulted " from bodily injury effected solely through external, violent and accidental cause" within the terms of two policies issued by defendant-appellant, thereby entitling appellee to double indemnity. The face amount of the policies had been paid. The answer was, in effect, a general denial. At the conclusion of the evidence, appellant moved for a directed verdict on the grounds that the showing made was insufficient to support a finding of accidental death but, on the contrary, disclosed suicide as a matter of law. Since the overruling of the motion furnishes the principal basis for appellant's claim to a reversal of the verdict and judgment against it, a discussion of the evidence is necessary. Appellee is entitled to the most favorable construction of which the evidence is fairly susceptible.

The dead body of Harold Allison, the insured, was found on Sunday afternoon, July 23, 1939. It was lying back of his parked automobile, out of doors, in a secluded wooded area about three miles west of Jefferson. It was stipulated that death was caused by carbon monoxide poisoning.

For five and one-half months prior to his death, Allison, age thirty, was agency manager in Jefferson for the Des Moines Register & Tribune. He supervised some thirty paper carriers and conducted drives for new customers. During that period Allison had earned four different prizes for obtaining new readers for the newspapers, a radio, a jacket, an electric toaster, and a pin. His average earnings were about $35 a week. When he died he had $396 in the bank, $600 on deposit with his employer, and his car was paid for. There was no shortage in his accounts with his employer.

Appellee gave the following testimony which was not contradicted: " Our marriage was a happy one and we never had any domestic trouble. Harold was a jolly fellow. He was proud of his home and interested in his home life. Harold and I went to picnics frequently, we played ball in the yard almost every evening, played with our dog and went riding. We frequently went on picnics at the place where Harold was found dead. We would take the dog there and turn him loose. There was a flowing well at that picnic spot and Harold was very fond of the water which he thought was the best he had ever tasted. We bought eggs from a farmer who lived on the same road on which the well was situated about once a week."

One of the paper boys, testifying as a witness for appellant, said: " We had been to the flowing well on picnics more than once and the spot was one of his (Allison's) favorite spots."

Appellee further testified: " Harold was not a drinking man. He would sometimes take a social highball if somebody offered it and he thought he should. I have never seen him intoxicated or take more than two drinks. I have never known him to gamble. During the last 8 or 9 months of his life I knew him to suffer no illness. From 1933 until 1940 he had only been sick a part of one day and that was from something he ate."

A week before Allison's death, he had taken appellee to Des Moines, their prior home, for a visit. On Wednesday, July 19, Allison received an affectionate letter from his wife, which he answered the same day, in terms equally affectionate. The reply letter indicated Allison was then lighthearted. It contained no hint of suicide. Decedent had planned to go to Des Moines to see his wife on the Sunday his body was discovered. He had intended to get eggs on Saturday from the farmer who lived near the scene of the tragedy.

When the body was discovered on Sunday afternoon, it lay on its back at the left rear of the car. Appellant's witness, the city marshall of Jefferson, said the head was approximately 2 1/2 to 3 feet from the end of the exhaust pipe. Allison's shirt and necktie had been removed, leaving the body bare above the waist. There were numerous places on the exposed part of the body where ants and insects had chewed the flesh. There was a cut about a half-inch long on the top of the head which " looked as if a sharp point had gouged out a little flesh." No injury to the skull was found. There was blood on the grass under the head. Appellant offered medical testimony that the head injury would be insufficient to cause unconsciousness. However, one of the two medical witnesses said: " Whether a blow such as deceased may have sustained would cause unconsciousness would depend on the circumstances under which the blow was rendered. Unconsciousness has been caused by no more severe blow than that."

When the body was discovered, the ignition switch to the car was on, the hand throttle pulled out somewhat. The gasoline tank was empty, the battery down, the water in the radiator down, and perhaps all gone. No tools were found nearby. His hands were not greasy. An empty purse was found in one of Allison's pockets and an empty money bag in the car. On Saturday mornings the carrier boys paid Allison the money they had collected. Allison was last seen alive about 2:30 Saturday afternoon.

Allison's shirt had a smudge spot about 8 inches in diameter, the bottom of which was 13 inches above the bottom of the shirt. The top of the spot was 8 inches below the neckband. Appellant caused the smudge spot to be analyzed and it was found to have been caused by hydro-carbon oil, put there by some kind of pressure. When the body was found, the shirt " tail" was tucked in at the waist of the trousers. Appellant's witness, McHugh, testified that the shirt was " bunched up" under decedent's arm when the body was discovered. There is testimony that decedent frequently removed his shirt, especially when working on the car. " He did quite a bit of ‘ monkeying around’ with his car. About two weeks before his death he put on a new exhaust pipe."

There is some other testimony to which we will make later reference.

I.

The burden to prove accidental death rested upon appellee. Taylor v. Pacific Mutual Life Ins. Co., 110 Iowa 621, 623, 82 N.W. 326. This is conceded.

II.

Death resulted from inhaling carbon monoxide gas. If this was unintentional, it was accidental; if, however, the monoxide was purposely or intentionally inhaled, death was suicidal. Wiger v. Mutual Life Ins. Co., 205 Wis. 95, 236 N.W. 534; Powers v. Loyal Protective Ins. Co., 266 Mich. 153, 253 N.W. 250, 251; Standard Acc. Ins. Co. v. Van Altena, 7 Cir., 67 F.2d 836; Metropolitan Life Ins. Co. v. Broyer, 9 Cir., 20 F.2d 818. For a discussion of the meaning of " accidental death," see Lickleider v. Iowa State Trav. Men's Ass'n, 184 Iowa 423, 166 N.W. 363, 168 N.W. 884, 3 A.L.R. 1295.

III.

The evidence bearing on the vital question of intent of decedent, as in practically all cases of this character, is circumstantial. Indeed, intent, being a state of mind, is seldom capable of proof by direct evidence. At the outset, appellee had the benefit of the well recognized presumption that death was accidental and not suicidal. This presumption is frequently referred to as a strong one which " ought not to be displaced by slight contrary proof." 20 Am.Jur. p. 216, § 220.

IV.

A large part of appellant's brief is devoted to the contention that the presumption against suicide does not have the effect of evidence. Although a number of authorities are cited, no Iowa decision is among them. No Iowa case so holds. We have repeatedly held to the contrary. See Reddick v. Grand Union Tea Co. and authorities cited, 230 Iowa 108, 119, 296 N.W. 800, 805. " There is a sharp conflict of authority on the question whether the legal presumption against suicide is to be weighed by the jury as evidence." Annotation, 103 A.L.R. 185, 186. We have recognized the rule that the presumption against suicide has probative value in a case where plaintiff beneficiary sought to recover double indemnity for accidental death and had the burden of proof on that issue. Waddell v. Prudential Ins. Co., 227 Iowa 604, 611, 288 N.W. 643. See, too, Caldwell v. Iowa State Traveling Men's Ass'n, 156 Iowa 327, 136 N.W. 678.

V.

We are unable to agree with appellant's contention that there is no evidence of accidental death and that suicide is established as a matter of law. We think the case was for the jury.

Decedent's disposition, character and habits, and the absence of any motive for suicide, are circumstances pointing to accident and not suicide. Beckley v. New York Life Ins. Co., 229 Iowa 1007, 1011, 295 N.W. 844, 846, 847; Tully v. Prudential Ins. Co., 234 Wis. 549, 291 N.W. 804, 806; Powers v. Loyal Protective Ins. Co., supra (see page 251 of 253 N.W.). As said by Kenyon, J., in Mutual Life Ins. Co. v. Hatten, 8 Cir., 17 F.2d 889, 892, " There is generally a motive to be found for suicide." " Without motive one would hardly suspect intentional self-destruction." International Life Ins. Co. v. Carroll, 6 Cir., 17 F.2d 42, 43, 50 A.L.R. 362. The testimony of one witness that decedent complained of a headache the last morning he was seen alive is wholly insufficient to establish a motive for self-destruction. Appellant concedes the absence of any provable motive for suicide.

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