CHAPTER VI.

CIVIL JURISPRUDENCE.

The civil branch of the jurisprudence of our subject is more complex

than the criminal. Life assurance companies naturally object to have to

pay sums of money for suicidal deaths, when these are proved to have

occurred in persons who have never shown any mental derangement, and

who may have had reasons for providing a considerable sum of money for

their families, even at the expense of forfeiting their own further

concern in this world. Such fraudulent suicides have taken place, just

as some men have not hesitated to risk being judicially executed for

murder, committed to obtain sums of money and other valuables.

Our English Judges have, unfortunately, not been unanimous in their

decisions respecting the forfeiture of insurances by voluntary death;

and the assurance companies have further complicated the matter by

the insertion of peculiar clauses in their policies, and by using

alternative phrases, meaning suicide, which the law courts have held to

infer different notions.

It has always been the custom to insert in policies of life assurance

the proviso that the death of the assured by suicide should render the

policy void. This was understood to mean that felo-de-se voided the

policy.

But it became the constant practice of Coroner’s juries to find that

persons who had been proved to have destroyed themselves were suffering

from “temporary insanity”: they thus avoided a verdict of felo-de-se;

hence arose the necessity of an understanding whether or not “Suicide

whilst insane” did or did not vitiate a policy. In equity, of course,

such a death should not do so, because the death occurs without the

voluntary determination of a healthy mind, and no one can contract

himself out of the possibility of some day losing his reason.

The difficulty might never have arisen, but for this unfortunate

straining of the word insanity to cover all cases of suicide.

On the Continent, in many States, this injudicious mode of regarding

suicides does not exist; when madmen kill themselves, their madness is

registered; and when persons whom no one has ever noticed to be unable

to manage their affairs, and whose mental state has not been disturbed,

until they have preferred death to life, on account of some loss or

annoyance, their voluntary deaths are registered as such. In those

states unseemly squabbles between assurance companies and executors are

quite rare.

To dispute and refuse payment, however, was found by the companies not

altogether a profitable business, because such cases gave rise to much

discussion and more misrepresentation, and the litigating company was

apt to be avoided by persons about to choose a company to insure with.

Several cases which appeared to be attempts at fraud have been the

subject of investigation in courts of law. See reports of the suits of

Borrodaile _v._ Hunter, 1841; Schwabe _v._ Clift, 1845; Isett _v._ The

American Insurance Company; and The St. Louis Insurance Company _v._

Graves.

In the first case, a clergyman jumped off Vauxhall Bridge into the

Thames and was drowned; in his case the policy stated that it should

be avoided if the assured should “die by his own hands.” At the trial,

Erskine, J., told the jury the policy must be void if the deceased

jumped into the water, intending to kill himself, and knowing that

this action would kill him; he also left it to them to say whether

the deceased could, at the time of his death, distinguish right from

wrong. The jury became confused, for they found that the deceased threw

himself off with _intent_ to destroy himself, and also that he was

not capable of deciding right from wrong. The verdict was entered for

the defendants, that is, that deceased was felo-de-se. On Appeal, the

case was argued before four judges in 1843; they, however, differed in

opinion; three judges held that it was felo-de-se, and one that the

assured was temporarily insane, and that his death was due to an insane

uncontrollable impulse.

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.

A condition supporting the insurance, in the event of suicide during

insanity, whether the assured were beneficially interested or not,

would not be void in law.

A condition, avoiding the policy in case the assured should “commit

suicide,” “die by his own hand,” or “perish by his own hand,”

includes all cases of voluntary death, whether the person be sane or

insane, and whether beneficially interested or not so. See Borrodaile

_v._ Hunter; Clift _v._ Schwabe; Dufaur _v._ The Professional Ass. Co.

For more detailed information consult Bunyon, and Pope. (See

Bibliographical Index). See also the Appendix.

I pass from life assurance to one or two other questions, which

are sometimes raised by the occurrence of suicide. The records of

English Law will furnish numerous instances in which the existence

of unsoundness of mind is not proved by the fact of subsequent

self-destruction.

The point has mostly arisen for argument in cases where it is desired

to set aside a marriage, on the ground that suicide quickly following

matrimony is evidence that there has been an absence of a sound mind,

able to make a marriage contract; or when suicide has immediately

followed the making of a will; in these cases also it has been argued

that the mere fact that suicide has taken place is proof of mental

disease, and conclusive reason for setting such a document aside.

Persons desirous of full information on these topics should consult the

reports of the cases here mentioned, viz.:─

McAdam _v._ Walker, 1 Dow. P.C. 148; in this suit the marriage was

upheld, although the bridegroom killed himself the same day.

Burrows _v._ Burrows, 1 Hagg. Eccles. Rep. 109. In this case the will

of the testator, who destroyed himself, was upheld, although the act

was committed only three days after signing the will.

In the suit of Chambers _v._ Queen’s Proctor, 2 Curt. 415, the will

was held to be good, although suicide was committed the day after

the signature of the will, and notwithstanding that it was proved by

evidence that the testator had suffered from delusions three days

before death.

Steed _v._ Calley, 1 Keen, 620, Regina _v._ Rumball, in 1843, and

Regina _v._ Farley, in 1844, are other instances of the existence of

insanity not being held to be proved by subsequent suicide.

Suicide: Its History, Literature, Jurisprudence, Causation, and Prevention · 第 6 / 22 章