tain by-law, to avoid liability on a certain policy of insurance. It neither pleaded nor proved the by-law nor the substance thereof.
It is held, that, if such by-law, in any circumstances, might constitute a defense, a prerequisite thereto would require it to be properly pleaded, and its contents established by competent evidence; and that not having been done, the defense in that regard, if any, is not available.
Insurance—suicide while insane is death by “accidental means.”
2. Where the insured, in an Accident Insurance Policy, commits suicide while so insane as not to comprehend the nature of the act nor the physical result which would flow from it, his death is caused by accidental means within the meaning of the policy insuring against bodily injury from external, violent and accidental means.
Opinion filed July 22, 1921.
Appeal from judgment and order of the District Court of McIntosh county; Allen, J.
Order and judgment affirmed.
G. M. Gannon, and R. M. Haines, of counsel, A. A. Ludwigs, for appellant.
The provisions of the contract are not void as being against public policy. Vidal v. Girard’s Executors, 2 How. 127; Printing Co. v. Sampson, 19 Eq. 462; Page on Contracts, Vol. 1 p. 503; Interstate B. A. A. v. Atkinson, 165 Ky. 537 and 538. See also Begelow v. Berkshire Life Ins. Co. 93 U. S. 284; 23 L. ed. 918. ,
The provisions are of different effect and scope than the provisions against “suicide,” ‘‘Self-destruction” and like acts while insane. Blunt v. Fidelity & Casualty Company, 145 Cal. 268; 67 L. R. A. 793, Manhattan Life Ins. Co. v. Beard, 112 Ky. 455.
In this case the insured shot his wife and then shot himself producing instant death. It was alleged in the petition that the shooting “sprang from an insane impulse of a disordered and unsound mind. The evidence clearly established insanity of more than three years standing and the trial court directed a verdict for the defendant. On appeal the judgment was affirmed. Layton v. Interstate Business Men's Accident Ass’n. 158 Ia. 356; 139 N. W. 463.
I. A. Mackoff, Curtis & Remington, and E. T. Burke, for respondent.
