Scales v. National Life & Accident Ins. Co.

• Court: Missouri Court of Appeals
• Writing for the Court: Farrington
• Citation: Scales v. National Life & Accident Ins. Co., 186 S.W. 948 (Mo. App. 1916)
• Decision Date: 25 May 1916
• Docket Number: No. 1660.,1660.
• Parties: SCALES v. NATIONAL LIFE & ACCIDENT INS. CO.

186 S.W. 948

SCALES v. NATIONAL LIFE & ACCIDENT INS. CO.

No. 1660.

Springfield Court of Appeals. Missouri.

May 25, 1916.

Appeal from Circuit Court, Greene County; Guy D. Kirby, Judge.

Action by Maggie Scales against the National Life & Accident Insurance Company. Judgment for plaintiff, and defendant appeals. Reversed and remanded, with directions, and case certified to Supreme Court.

George Pepperdine and Patterson & Patterson, all of Springfield, for appellant. E. D. Merritt, of Springfield, for respondent.

FARRINGTON, J.

The plaintiff (respondent) is the widow of William C. Scales and the beneficiary in a policy of life, accident, and illness indemnity insurance. The assured was found dead, having intentionally taken carbolic acid. The trial court, sitting as a jury, found that the assured committed suicide, and rendered a judgment for the principal sum of the policy, $700, together with interest, from which defendant has appealed. Proof of death was furnished, and it is admitted by appellant and respondent that the only question presented here for decision is whether, under the terms of the policy and section 6945, R. S. 1909, the so-called suicide statute, the judgment rendered can be upheld.

The St. Louis Court of Appeals, in the case of Applegate v. Travelers' Insurance Co., 153 Mo. App. 63, 132 S. W. 2, ruled on this same question when presented in that case on a policy containing almost exactly the same provisions as are contained in the one before us, and at the outset it may be well to say that we differ with our learned Brethren on the result therein reached, which, under section 6 of the Amendment of 1884 to article 6 of the Constitution, requires that we certify this cause to the Supreme Court for final determination.

The policy provided that the National Life & Accident Insurance Company of Nashville, Tenn. "does hereby insure William C. Scales, the person described in said schedule (hereinafter called the assured), subject to the provisions, conditions and limitations herein contained and indorsed hereon, from 12 o'clock noon, standard time, of the day this contract is dated until 12 o'clock noon, standard time, of the first day of January, 1910, and for such further periods, stated in the renewal receipts, as the payment of the premium specified in said schedule will maintain this policy and insurance in force, to wit," followed by several paragraphs which we will not set out in full. Paragraph (a) provides for "Total Accident Disability." Paragraph (b) provides for "Partial Disability." Paragraph (c) provides for "Specific Total Losses" as follows:

"Or, if any one of the following specific total losses shall result solely from such injuries within ninety days from date of accident, the company will pay, in lieu of any other indemnity,

"For Loss of

"Life, five hundred dollars (the principal sum of this policy).

"Both hands by severance at or above wrist, the principal sum.

"Both feet by severance at or above ankle, the principal sum.

"One hand and one foot by severance at or above the wrist or ankle, the principal sum.

"Entire sight of both eyes, if irrecoverably lost, the principal sum.

"Either hand by severance at or above the wrist, one-half of the principal sum.

"Either foot by severance at or above the ankle, one-half of the principal sum.

"Entire sight of one eye, if irrecoverably lost, one-third of the principal sum.

"Indemnity for loss of life shall be payable to the beneficiary named in said schedule, if surviving; otherwise to the executors or administrators of the assured."

Paragraph (d) provides for "Double Indemnity." Paragraph (e) provides for "Illness Indemnity." Paragraph (f) provides for increased liability on certain paragraphs. Paragraph (g) provides for a 50 per cent. accumulation on paragraph (c). Paragraph (h) provides for some special benefits in case of sunstroke, freezing, etc. Paragraph (i) provides for certain indemnity payable to the beneficiary. Paragraph (j) is as follows:

"General Agreements.

"(j) In the event of injury or loss, fatal or otherwise, of which there shall be no external or visible mark on the body; or injury, fatal or otherwise, due wholly or in part, directly or indirectly, to disease or bodily infirmity; or injury, fatal or otherwise, or disability resulting, directly or indirectly, from bodily infirmity, any gas, vapor, narcotic, anæsthetic or poison; or from rioting or strikes; or from exposure to obvious risks of injury or known danger; or death or disability due to or resulting, directly or indirectly, from injuries intentionally inflicted upon the assured by himself or by any other person, or from injuries inflicted upon the assured by himself, or received by him while insane; or while under the influence of any intoxicant or narcotic; or while attempting to evade arrest; or while violating law; or while violating the rules of a corporation, or the rules of a public carrier affecting the safety of its passengers; or while on the right of way, bridge, trestle, or other property of a railway corporation, other than stations, platforms and regular crossings prescribed by law, not being at the time passenger or employé of such railway in the discharge of duty, then and in all such cases referred to in this paragraph, the limit of the company's liability shall be one-fifth of the amount that would be otherwise payable under this policy, anything herein to the contrary notwithstanding. In the event of a loss hereinbefore particularly designated as a total loss, no claim shall exist for compensation other than that specifically provided for such total loss, and in no event shall the company be liable under paragraph (c) entitled `Specific Total Losses,' for more than one of the losses named therein."

Paragraph (k) limits liability for certain kinds of disability. Paragraph (l) limits and eliminates liability when death or injury results from certain causes.

There are a number of other provisions in this policy, but enough have been referred to herein to show the many different kinds of liability and indemnity provided for, and the different amounts specified in case of different contingencies.

The time that the policy had been in force entitled the beneficiary to an increase of $200 on the principal sum of the policy, if she was entitled to the principal sum for the death of her husband. The plaintiff's petition does not charge that the said assured's death resulted from the taking of poison with suicidal intent, but its charge of that matter is in the following language:

"Plaintiff further states that said William C. Scales died in Springfield, Mo., on the 17th day of October, 1914, and that said insurance so issued by said defendant was in full force and effect, with all premiums thereon paid at the date of said death."

The defendant in its answer alleged that under the terms of said policy in no event was the defendant liable on said policy for more than one-fifth of the face of the policy because of the death of the assured other than where such death resulted "directly or independently of all other causes from bodily injuries effected through external, violent, and accidental means"; that the said "William C. Scales came to his death as the result of poison introduced into his system, and therefore under paragraph (j) plaintiff herein can only recover in accordance with said agreement," which fixed the recovery at $140. The plaintiff's reply was as follows:

"Comes plaintiff, and for reply to defendant's answer admits that the statement in said answer that said `William C. Scales came to his death as the result of poison introduced into his system' is true, and plaintiff further alleges that said poison was introduced into the system of said William C. Scales by himself with suicidal intent, or, in other words, that said William C. Scales committed suicide, and that suicide was not contemplated at the time application was made for the policy sued on."

At the close of the evidence, which showed conclusively that the assured came to his death by intentionally taking carbolic acid for the purpose of committing suicide, the defendant requested two declarations of law, A and B. The giving of A and the refusal of B clearly reveals the theory on which the trial court rendered judgment for plaintiff in the sum of $724.50, being the principal sum of the policy with interest to date of judgment. Declaration A, which was given, is as follows:

"The court declares the law to be that, if it believes and finds from the evidence that death resulted to the insured W. C. Scales directly or indirectly from poison accidentally taken, then it will make a finding in favor of the plaintiff and fix the amount of her recovery at one-fifth of the face of the policy, to wit, one hundred forty dollars, together with interest thereon at the rate of six per cent. per annum from October 17, 1914, to date."

Declaration B, which was refused, is as follows:

"The court declares the law to be that, if it believes and finds from the evidence that death resulted to the insured, W. C. Scales, caused by taking carbolic acid, a poison, intentionally, then it will make a finding in favor of the plaintiff, to wit, one hundred forty dollars, together with interest thereon at the rate of six per cent. per annum from October 17, 1914, to date."

It will be seen from the foregoing statement that the plaintiff brought suit for the principal sum named in the policy in case of loss of life by accident, and that the defense set up was that the assured died from the effects of poison, pleading the provision of the policy contained in paragraph (j) that in such event the company would only be liable for one-fifth of the principal sum of the policy. The plaintiff then pleaded suicide. From the declarations of law it is seen that the court tried the case on the theory that if the poison was accidentally taken by the assured, the provision in the policy placing...