Hatch v. Mutual Life Ins. Co.
| Decision Date | 21 September 1876 |
| Citation | 120 Mass. 550 |
| Parties | Frank A. Hatch, administrator, v. Mutual Life Insurance Company |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Suffolk. Contract on a policy of insurance, for $ 1000, on the life of Flora A. Hatch, the wife of the plaintiff. The policy contained the following clause:
At the trial in the Superior Court, before Colburn, J., without a jury, the issuing of the policy, the death and due proof thereof, were admitted. The judge found the following facts:
That the insured died on April 27, 1874, by reason of a miscarriage, produced by an illegal operation, performed upon her on April 16, 1874, and voluntarily submitted to by her with intent to cause an abortion, without any justifiable medical reason.
That such an operation is dangerous to a woman's life, and was known to be so by the deceased and her husband, but that the evidence offered in this case shows that not more than about one per cent. of such operations result in causing the death of the woman.
The defendant requested the judge to rule, as a matter of law, upon the facts found: 1. That a death so caused violates the condition of the policy, and thereby avoids it. 2. That, the death being so caused, there can be no recovery upon the policy, whether the facts do or do not amount to a breach of said condition. 3. That the plaintiff was so far connected with the cause of the death that he is not entitled to recover in this suit."
The judge declined so to rule, and ordered judgment for the plaintiff for the amount of the policy; and the defendant alleged exceptions.
Exceptions sustained.
D. Foster & A. D. Foster, for the defendant.
H. W. Bragg, for the plaintiff.
It appears by the bill of exceptions, that the deceased voluntarily submitted herself to an illegal operation, with intent to cause an abortion, without any justifiable medical reason; that the operation performed upon her was dangerous to life, and known by her to be so; and that a miscarriage was effected...
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Henderson v. Life Ins. Co. of Va.
... ... Two ... policies Nos. 1358975 and 1358976, dated July 30, 1928, ... issued by the Mutual Benefit Life Insurance Company, in the ... face amount of $2,000 each ... Policy ... No. 15241, dated August 10, 1928, issued ... morality, ought never to receive the sanction of a court of ... justice, or be made the foundation of its judgment.' * * ... * In Hatch v. Mutual Life Ins. Co., 120 Mass. 550, ... 21 Am. Rep. 541, this court held that there could be no ... recovery under a policy of life insurance ... ...
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Henderson v. Life Ins. Co. Of Va.
...ought never to receive the sanction of a court of justice, or be made the foundation of its judgment, ' * * * In Hatch v. Mutual Life Ins. Co., 120 Mass. 550, 21 Am. Rep. 541, this court held that there could be no recovery under a policy of life insurance when the insured knowingly and vol......
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