Suicide: Its History, Literature, Jurisprudence, Causation, and PreventionWestcott, W. Wynn (William Wynn)
Philosophy
Suicide: Its History, Literature, Jurisprudence, Causation, and Prevention
Westcott, W. Wynn (William Wynn)
Suicide
This matter in dispute arose again in 1845 in the case of Schwabe
_v._ Clift; the deceased drank sulphuric acid, and died, when clearly
insane. The jury returned a verdict of death during insanity, intending
thereby to say that the policy should not be void. In this policy
the term used was “suicide,” and the judge, Cresswell, held that
this word meant felo-de-se. On appeal, this judgment was reversed,
the judges again differing; the majority held that the clause meant
“intentionally killing himself,” whether in a reasonable state of mind
or not; the minority were of opinion that disease of the senses, or
the reason, leading to suicide, was not intentional death, nor such as
ought to cause a forfeiture.
This decision of the judges was of great importance, and led the
companies to alter the wording of their policies, for under the old
system any one who in an attack of delirium during a fever, or after an
accident, should jump out of a window and kill himself, would thereby
forfeit his policy; the public could not put up with this dictum, which
if law, is not the equity of the case.
Some companies inserted clauses which provided for compromises of such
claims; others definitely stated that any voluntary death should avoid
a policy, but reserved to themselves the right to return a part of the
policy value, calculated up to the day of death.
At the present time, however, policies, which in theory are avoided by
suicide, are almost always practically paid by the companies, in full,
or nearly so, unless there be any reason to suspect the existence of a
fraudulent intention on the part of the assured.
It may be broadly stated that now, in 1885, the companies have almost
all agreed to make assigned policies indisputable.
The following axioms will be found of great value:─
When the assured, being himself beneficially interested in the
assurance, dies a felo-de-se, public policy requires that the contract
be rendered void. And the same holds good of those who claim under
the assured, should he have assigned it, whether for valuable
consideration or not. Bunyon, p. 74.
But when the assured is but the nominee of the assurer, and has no
beneficial interest in the insurance, neither equity nor public policy
require the insurance to be avoided; still, this point has not been
judicially fixed. Pope, p. 351.
When the suicide is insane, the policy is not avoided, unless by
special condition of the policy. See Horn _v._ Anglo-Australian Ass.
Co.
A condition may be inserted that if the policy be assigned to a third
person, and in favour of that assignee or those claiming under him,
such shall not be void; and the Courts have decided that the insuring
company may be the assignee. See White _v._ Brit. Emp. Ass. Co. 7
L. R. Equity, 394.
If a condition were inserted that the policy should not lapse, even if
the assured killed himself when of sound mind, and when beneficially
interested, it would be void in law from public policy.
Public-domain text, read in full here on John Shaqi.
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