Headlee v. New York Life Ins. Co.

• Decision Date: 16 December 1943
• Docket Number: 8639
• Citation: 69 S.D. 499,12 N.W.2d 313
• Parties: ESTELLE HEADLEE, Respondent, v. NEW YORK LIFE INSURANCE CO., Appellant.
• Court: South Dakota Supreme Court

69 SD 499, 12 NW2d 313 (1943)

ESTELLE HEADLEE, Respondent v. NEW YORK LIFE INSURANCE CO.,

Appellant.

South Dakota Supreme Court

Appeal from Circuit Court, Jackson County, SD

Hon. Joe R. Cash, Judge

#8639—Reversed.

M. T. Woods, Bailey, Voorhees, Woods & Fuller, Sioux Falls, SD

Attorney for Appellant

H. F. Fellows, Rapid City, SD

Attorney for Respondent

Opinion filed Dec 16, 1943

RUDOLPH, J.

This is an action to recover under the double indemnity provisions of a policy of insurance upon the life of Robert J. Headlee, issued by the defendant, New York Life Insurance Company. The defendant paid the death indemnity and it is only the feature of double indemnity that is involved in this action, which, under the terms of the policy, is to be paid if death resulted from accidental means. Accidental means is defined as death resulting “directly and independently of all other causes from bodily injury effected solely through external, violent and accidental means ... provided, however, that such Double Indemnity Benefit shall not be payable if the Insured’s death resulted, directly or indirectly, from (a) self-destruction, whether sane or insane; ...”.

The facts disclose that Robert Headlee lived with his mother, the plaintiff in this action and the beneficiary named in the policy, on the Headlee Ranch in the southwestern part of South Dakota. Robert was a man 24 years old and unmarried. On the evening of March 9, 1942, he was assisting the foreman of the Headlee Ranch, Fred Ball, and his brother, George Headlee, with the necessary evening chores. Fred Ball discovered that a hog had escaped from its pen and directed Robert, the insured, to find the hog and return it to the pen. Robert started on his quest for the hog and this is the last time he was seen alive. A short distance to the rear of the barnyard of the Headlee Ranch there is a creek with rather precipitous banks. The ground was muddy and slippery. Robert started in the general direction of this creek and his body was found approximately a half hour later, partially submerged in the water of the creek. The brother George discovered the body and thereupon returned to the barn and obtained the help of others in removing the body from the water. Artificial respiration was resorted to and as a result a considerable quantity of water came from Robert’s mouth but it was impossible to revive him. The brother George testified that he observed the footprints of Robert leading down the steep bank to the creek at a point approximately where the body was found. The water at this point was approximately 3 to 4 feet deep. The bruises observed on the body of Robert after it was taken from the water were a mark on the nose about as long as a fingernail, a bump about the size of the end of a man’s thumb on his forehead and the nose was pushed to one side.

We believe the above statement of facts sufficient for our present purpose. The other facts material to the issues here involved relate to the mental condition of Robert Headlee. It is without dispute in the evidence that for some time prior to his death Robert had been acting queerly and was eventually taken to Rapid City to consult Dr. Dawley, a physician. Robert was taken to the physician by the foreman, Fred Ball. Dr. Dawley testified that after a rather complete examination he could find nothing physically wrong with Robert but that, in his opinion, Robert was not normal. The doctor stated the history which he was able to obtain from Robert and also described Robert’s action and demeanor while being examined. The doctor testified:

“He acted peculiarly, was difficult to elicit a history from him as to how he did feel or why he had come to me. His answers to questions were very brief and hesitant. He had to be prompted and helped to even answer questions. He didn’t sit in his chair and freely and voluntarily describe to me how he felt or why he had come.”

The doctor further testified that Robert exhibited signs of shyness and reticence. Robert’s mother wrote Dr. Dawley several letters describing Robert’s condition. We quote portions of these letters which explain Robert’s condition.

“I am Robert Headlee’s mother and I’m much concerned about Bob. I know you are going to find out what is wrong and I pray it is nothing serious – of course as a mother I fear – but I have never let Bob know – Bob was always frail when small and for a time we came near not keeping him after a serious case of scarlet fever and mastoid from March until the following November-he snapped out of it and has seemingly been quite well with exceptions of colds. Perhaps Fred told you Bob’s father was sick for 40 yrs and due to his condition I think is the cause of Bobs worry afraid he is going insane Someone started a story that Mr. Headlee was insane before he died but he was not. He had a cancer of Prostate Gland and after he had suffered so long and knew – he – drowned himself.”

“Just another hurried note about Bob – I don’t know what to say – He don’t cry so easily when we talk to him but he sits so lifeless and don’t say anything only once in awhile when we talk to him-He was out this A.M. with Fred but when he came in about noon he was tired and is beginning to look as tho he had been sick a long time – Have you heard anything from tests yet – He isn’t so flighty as when he was in Rapid he couldn’t be still he was up and down constantly now he is quiet – sits – It is hard to get him to lie down. I try to talk to him that he will be alright and I think it helps – this afternoon his face is somewhat flushed – If you find out anything from the tests and its important to act quickly don’t wait for mail – sometimes it takes a few days to get mail from Rapid – it goes by or something – I can not help but feel everyday counts

“I don’t know very much about a nervous break down as I have had iron nerves. I had to have – If his is just a case of nerves will medicine help? I told him this A.M. if he would get ahold of those nerves and hold on we would all help him get well – We are trying not to show our anxiety but both Fred and I are rather anxious about him – he looks really sick now – ”

“Yesterday morning he got up and went back to bed – so bewildered didn’t seem to be able to figure out what he wanted to do – ... – a neighbor that thinks the world of Bob came in a few minutes – Bob would smile occasionally say Yes and No – and seemed afraid to talk – after the neighbor left Bob cried and said he was afraid to talk he wasn’t sure he would say what he wanted to and he wasn’t sure just what he wanted to say. ... He got up this morning wanted to go to barn with Fred but he couldn’t decide how to go about doing it and finally cried it was so pitiful – ... Robert has always been quite a boy to visit with people usually older people as he has always been with older people, and now he seldom says a word. He said he couldn’t tell you how, he felt – because he couldn’t express himself he didn’t know what he would say. ...”

The trial court submitted the case to a jury which returned a verdict for the plaintiff. Defendant has appealed.

The trial court instructed the jury, first, that the burden of proof was upon the plaintiff to prove that Robert’s death resulted solely from accidental means, and second, that the burden of proof was upon the defendant to prove that the death was by self-destruction. We believe this second part of the instruction was error occasioned by a failure to distinguish this action, which is based upon the double indemnity clause of the life insurance policy, from the action in which the insurer in a life policy raises the defense of self-destruction to the regular life indemnity. In the latter type of action death from any cause except self-destruction is insured against; self-destruction is an exception to the liability, and as such must be proved by the insurer. Honrath v. New York Life Ins. Co., 65 SD 480, 275 NW 258, 112 ALR 1272. In the present action it is only...