Angelus v. Government Personnel Life Ins. Co., 34243

• Decision Date: 13 February 1958
• Docket Number: No. 34243,34243
• Citation: 321 P.2d 545,51 Wn.2d 691
• Court: Washington Supreme Court
• Parties: Ann M. ANGELUS, Respondent, v. GOVERNMENT PERSONNEL LIFE INSURANCE COMPANY, a corporation, Appellant.

Page 691

51 Wn.2d 691

321 P.2d 545

Ann M. ANGELUS, Respondent, v. GOVERNMENT PERSONNEL LIFE INSURANCE COMPANY, a corporation, Appellant.

No. 34243.

Supreme Court of Washington, Department 1.

Feb. 13, 1958.

Rehearing Denied March 27, 1958.

Niemeier & Hamilton, Poulsbo, for appellant.

George W. Young, William J. Powell, Spokane, for respondent.

WEAVER, Justice.

Plaintiff, mother of the insured, is beneficiary under an insurance policy on her son's life, issued by defendant insurance company. She brings this action on the policy, alleging that the insured died October 31, 1955, as the result of a gunshot would.

Defendant, by affirmative defense in the nature of confession and avoidance, admits the contract of insurance that, in part, provides:

'If the Insured shall commit suicide while sane or insane within two years from the date of issue hereof [April 1, 1954], the liability of the Company under this policy will be limited to the premiums that have been paid hereon and no more.'

Defendant further alleges that the insured, 'by his own act, took his life by shooting himself with a .45 calibre revolver,' and thus committed suicide.

The insured died in Japan while on active duty with the armed forces of the United States. No testimony was taken at the trial. Counsel stipulated

'* * * that the Marine Corps Investigation, and enclosures, * * * shall be all of the evidence in the above entitled action.'

and

'* * * that the Court is to disregard any opinions relative to whether or not the deceased died as a result of accident or suicide, which opinions were given by the investigating officer, Major Robert S. Hemstad.'

The trial court did not have the advantage of seeing and listening to witnesses. It only considered the same written record that has been certified to us in its entirety. We may, therefore, determine the merits of the question raised without reference to the findings of fact entered by the trial court. In re Black, 1955, 47 Wash.2d 42, 45, 287 P.2d 96.

It should be noted that we are only concerned with recovery under the terms of a life insurance policy. We are not concerned with (a) death under the terms of an accident insurance policy, nor (b) with death under the provision of a life insurance policy that provides for a recovery of double-the-face value of the policy in the event of death by accidental means, as may be defined therein.

The sole question is: Did decedent commit suicide?

Plaintiff establishes a prima facie case with evidence that the insured died while the policy of life insurance was in effect. Liability follows a showing of death, unless there is an affirmative showing that death was within an exception contained in the policy.

In this case, suicide is an affirmative defense. The insurance company must establish, by a preponderance of the evidence (Selover v. Aetna Life Insurance Co., 1934, 180 Wash. 236, 38 P.2d 1059), that the wound that caused the death of the insured was intentionally self-inflicted. New York Life Insurance Co. v. Newport, 1939, 1 Wash.2d 511, 517, 519, 96 P.2d 449. Although not necessarily controlling, the presence or absence of motive for suicide is an element to be taken into consideration.

There is very little, if any, dispute as to the facts surrounding the death of the insured. The disagreement is over the conclusion to be drawn from these facts.

The following appears from the written statements gathered by the investigating officer:

Decedent, twenty years old at the time of his death on October 31, 1955, was attached to a Marine fighter squadron as an aircraft radar technician. He was assigned to a guard company for temporary duty, which was to terminate the day of his death.

His guard duties required that he be familiar with a .45 caliber automatic pistol. On numerous occasions, while acting as corporal of the guard, he had given instruction on the use of the automatic pistol and on safety precautions to be observed while handling it.

Throughout decedent's tour of duty with the guard, all pistols assigned to personnel on post or on duty were kept with a loaded clip inserted, but no round of ammunition was in the chamber. It was common knowledge among members of the guard that all pistols in actual physical custody of guard personnel were loaded.

Decedent is described as a happy-golucky individual with no known disturbing problems. He was a good worker, cheerful, and competent in his temporary additional duty assignment. One of his associates states:

'He was an exceptionally good natured marine and I never knew him to worry or sweat anything. I had known ...