Gates v. Knights Templars & Masonic Mut. Aid Ass'n.

• Decision Date: 01 April 1918
• Docket Number: No. 12549.,12549.
• Citation: 198 Mo. App. 688,202 S.W. 280
• Court: Missouri Court of Appeals
• Parties: GATES v. KNIGHTS TEMPLARS & MASONIC MUT. AID ASS'N.

202 S.W. 280

198 Mo. App. 688

GATES v. KNIGHTS TEMPLARS & MASONIC MUT. AID ASS'N.

No. 12549.

Kansas City Court of Appeals. Missouri.

April 1, 1918.

Appeal from Circuit Court, Macon County; Vernon L. Drain, Judge.

Suit by Ella Gates against the Knight Templars & Masonic Mutual Aid Association. From a judgment for plaintiff, defendant appeals. Affirmed.

Dan R. Hughes and John R. Hughes, both of Macon, for appellant. Guthrie & Franklin and E. O. Jones, all of Macon, for respondent.

BLAND, J.

Defendant, a foreign life insurance company doing business on the assessment plan in this state, insured the life of Erskine M. Gates in the sum of $2,000, in favor of his wife, who is the plaintiff. The policy provided:

"That in case a member shall die by his own hand, sane or insane, this association will pay to the beneficiary the amount of money paid by the member to the association, without interest, but such payment shall in no ease exceed 50 per cent. of said sum of $2,000."

It is admitted that the said Erskine M. Gates committed suicide in this state by taking carbolic acid. The defendant refused to pay the face value of the policy, but tendered to plaintiff the sum of $296.61, the amount payable under the policy providing the suicide clause is valid. Plaintiff refused this tender and brought suit for the full amount of the policy, and judgment being rendered in her favor for the amount sued for, defendant has appealed.

It is now firmly settled in this state that section 6945, R. S. 1909 (abolishing the defense of suicide in all eases except where the insured contemplated suicide at the time of his application for the policy), is applicable to insurance companies on the assessment plan. Section 6959, R. S. 1909; Collins v. Mut. Life Association, 84 Mo. App. loc. cit. 556; Logan v. Fidelity & Casualty Co., 146 Mo. loc. cit. 123. 47 S. W. 948; Toomey v. Supreme Lodge, 147 Mo. loc. cit. 137, 48 S. W. 936; Elliott v. Insurance Co., 163 Mo. loc. cit. 157, 63 S. W. 400; Anderson v. Missouri Benefit Association, 199 S. W. 740. However, it is the contention of the defendant that although suicide is not a defense to this action, nevertheless, the company may lawfully provide that a smaller amount than the face of the policy be paid in ease of suicide, and in support thereof cites the case of Scales v. National Life & Accident Ins. Co., 186 S. W. 948, recently decided by the Springfield Court of Appeals. The St. Louis Court of Appeals in the case of Applegate v. Travelers' Ins. Co., 153 Mo. App. 63, 132 S. W. 2, had under consideration a policy of insurance which provided that the company, "in the event of the death of the said Oliver H. Applegate [the insured], loss of limb or sight, or disability caused by gas, vapor or poison, shall pay but one-tenth of the amount otherwise payable." In that case the insured committed suicide by drinking a liquid poison known as carbolic acid, and the St. Louis Court of Appeals held that under section 6945, R. S. 1909, the company was liable for the full amount of the policy, and could not discharge its obligation by paying one-tenth of the amount, and the same court in the case of Dodt v. Insurance Co., 186 Mo. App. loc. cit. 176, 171 S. W. 655, approved the Applegate Case in very strong language.

The Springfield Court of Appeals...