Sovereign Camp Woodmen of The World v. Haller

• Citation: 66 N.E. 186,30 Ind.App. 450
• Parties: SOVEREIGN CAMP WOODMEN OF THE WORLD v. HALLER.
• Decision Date: 05 February 1903
• Court: Court of Appeals of Indiana

30 Ind.App. 450

66 N.E. 186

SOVEREIGN CAMP WOODMEN OF THE WORLD

v.HALLER.

Appellate Court of Indiana, Division No. 2.

Feb. 5, 1903.

Appeal from circuit court, Vanderburgh county; H. A. Mattison, Judge.

Action by Rosa Haller against the Sovereign Camp Woodmen of the World. Judgment for plaintiff, and defendant appeals. Affirmed.

Charles L. Wedding, for appellant. Richardson & Ortmeyer and Philip W. Frey, for appellee.

COMSTOCK, J.

Action by appellee against appellant, April 28, 1898, upon a policy of insurance issued by appellant on the life of one Christian Haller in favor of Rosa Haller, appellee, his wife. This is the second appeal to this court. The case is reported in 24 Ind. App. 108, 56 N. E. 255. A demurrer was overruled to the complaint, and an answer in one paragraph filed. This answer alleged that the insured committed suicide. A provision of the certificate or policy of insurance is as follows: “If the member holding this certificate shall be expelled from the fraternity, or become so far intemperate or use opiates to such an extent as to permanently impair the health or to produce delirium tremens, or shall die in consequence of a duel, or by his own hand (except it be shown that he was at the time insane), or by the hands of the beneficiary or beneficiaries named herein (except by accident), or in consequence of the violation of the laws of the state or of the United States, or of any other province or nation, or if any of the statements or declarations in the application for membership, and upon the faith of which this certificate is issued, shall be found in any respect untrue, then, in every such case, this certificate shall be null and void and of no effect, and all moneys which shall have been paid and all rights and benefits which may have accrued on account of this certificate shall be absolutely forfeited, without notice or service.” The laws of the order, made a part of the policy by reference, provide that if the insured dies by his own act, whether sane or insane, nothing is to be paid to the beneficiary. A trial resulted in a verdict in favor of appellee, on which judgment was rendered in her favor.

The only error assigned was the overruling by the trial court of appellant's motion for a new trial. The judgment was reversed upon the ground that the evidence established, without conflict, the defense of suicide.

After the return of the case to the Vanderburgh circuit court, appellee filed second, third, fourth, fifth, sixth, and seventh paragraphs of reply. The fifth paragraph was withdrawn.

The second paragraph of reply proceeds upon the theory that, during the time of the alleged occurrence of the act set out in the defendant's answer, Christian Haller was of unsound mind, and incapable of forming a rational estimate or expectation of the probable, natural, and inevitable result of any act or acts or any line of conduct upon his part performed, and that his death resulted from an accident, and not the act of himself.

The third paragraph is, in substance: “That during all of said time said Christian Haller was of unsound mind, and incapable of forming a rational estimate or expectation of the probable, natural, or inevitable result of any act or acts or any line of conduct upon his part performed, and that his death resulted from an accident, and not the act of himself. That the said Christian Haller, at the time of his drowning as set out in the answer of said defendant, came to his death by accident, and from an act which, at the time it was entered upon, was not expected or intended to produce that result, and that his said death resulted by accident, and without intention or expectation on his part.

The fourth alleged, in substance, that after the death of Christian Haller, and after the discovery of facts sufficient to make it certain that Christian Haller had committed suicide, the appellant accepted and received from said Rosa 95 cents in payment of certain dues, upon the promise that upon its payment, and the recovery of the body of said Haller, the amount of the beneficiary certificate would be paid.

The sixth paragraph of reply alleges, in substance, that after the death of Christian Haller, and after the discovery of facts sufficient to make it certain that he had committed suicide, the appellee promised, in writing, to reimburse White Oak Camp, No. 26, Woodmen of the World, for any money expended in searching for the body of her husband, and that $10 of expense was incurred, which the appellee was always ready to pay, and thereby the appellant waived condition as to the manner of decedent's death.

The seventh paragraph alleged, in substance, that appellant represented that if the appellee would reimburse White Oak Camp for money expended by it in searching for the body of her husband, Christian Haller, as per written agreement, then the defendant would pay her insurance money; that she entered into said...