New York Life Insurance Company v. Redmon

• Decision Date: 16 December 1935
• Docket Number: 4-4080
• Citation: 88 S.W.2d 324,191 Ark. 1003
• Parties: NEW YORK LIFE INSURANCE COMPANY v. REDMON
• Court: Arkansas Supreme Court

88 S.W.2d 324

191 Ark. 1003

NEW YORK LIFE INSURANCE COMPANY v. REDMON

4-4080

Supreme Court of Arkansas

December 16, 1935

Appeal from Crawford Circuit Court; J. O. Kincannon, Judge affirmed.

Action by Maud Redmon against the New York Life Ins. Co. Judgment was against defendant which has appealed.

Judgment affirmed.

James B. McDonough and Louis H. Cooke, for appellant.

Partain & Agee, for appellee.

OPINION

MCHANEY, J.

Appellee is the beneficiary in a policy of life insurance issued by appellant to her husband in the sum of $ 1,000. The policy provided for double indemnity in the event "that the death of the insured resulted directly and independently of all other causes from bodily injury effected solely through external, violent and accidental means, and occurred within ninety days after such injury." Another clause in the policy provided: "Double indemnity shall not be payable if the insured's death resulted from self-destruction, whether sane or insane." The insured died on January 16, 1934, while the policy was in full force and effect, under such circumstances as induced the appellant to believe that he committed suicide. It therefore declined to pay double indemnity, but did pay the principal sum of $ 1,000 under an agreement that such payment should not prejudice its rights. Appellee brought this action to recover an additional $ 1,000 under the double indemnity provisions above quoted, and a trial resulted in a verdict and judgment in her favor.

Appellant's principal contention for a reversal of the judgment against it is that the undisputed evidence shows that the deceased intentionally took his own life, and that the court therefore, erred in refusing to direct a verdict in its favor at its request. The facts, briefly stated, are as follows: Mr. Redmon was the postmaster at Sallisaw, Oklahoma. On the morning of January 16, 1934, the day of his death, two post office inspectors appeared at said post office to examine his records and check up his accounts. Mr. Redmon, who was at the post office, was notified of their presence, met them, and they advised him of the object of their visit. They immediately entered upon their duties. One of them and Mr. Redmon entered the vault to get the records, books, papers, cash, stamps, etc., which they required in making the inspection. The other inspector busied himself at another desk. Immediately after coming out of the vault with the books and papers above mentioned, Mr. Redmon again went into the vault and very shortly thereafter a pistol shot was heard, and the employees and inspectors went to the door of the vault and found the deceased slumped down on the cement floor of the vault with a .45 caliber double action Colt's revolver lying near his right hand. Upon investigation they found that he had been shot, and that the bullet had entered his head just back of the right ear, near the top of the ear, or the middle of it, and had come out of his head about the edge of the hair a little above and back of his left eye. No one witnessed the shooting. The pistol was one of three in the post office belonging to the Government and furnished to the office by the Government. It was approximately twelve inches long from the muzzle to the butt of the hilt. Concerning the character of the man, counsel for appellant in his brief makes this statement: "As in the Watters' case, the insured in the instant case was in a happy frame of mind. He was a church member, superintendent of Sunday School, postmaster in his town, and, according to those who testified, was a good citizen and an ideal man. His widow testified to his habits of saving and his habits of caring for his family, and his devotion to his family." The inspectors, on completing their check of his accounts, found that he was short in the sum of $ 1,098.75. No explanation was made concerning this shortage. The employees testified to a lack of knowledge regarding same. His accounts had been checked some eight or nine months previous to that time and were found to be in good order. No evidence was introduced by appellant to show any extraordinary use or expenditure of money by the deceased or what became of the money if he did in fact embezzle it. It was shown that, except for a debt of $ 100 to a bank, which was not yet due, he was not involved in debt. Except for the shortage in his accounts above-mentioned, there does not appear to have been established the slightest motive for suicide. The undisputed facts in this case show further that there were no powder burns found around the wound where the bullet entered, and that none were disclosed by probing the wound with cotton by the undertaker. No powder burns or carbon inside the wound were found; that it would be...