INSURANCE-DEATH OF INSURED RESULTING FROM CRIMINAL ABORTION- RIGHT OF BENEFICIARY

Insured died as the result of a criminal abortion to which she had voluntarily submitted. The policies issued on her life contained a provision to the effect that no benefits should be payable or recoverable should the insured die as a result of a violation of law. The insurer resisted the action brought by the named beneficiary on the policy on two grounds: (a) The insured's death was caused by her violation of law; (b) Although the stated terms of the policy be held not to exclude the risk of death thus caused, it would be contrary to public policy to allow recovery. Held, for plaintiff.

Under Louisiana law a woman who solicits and submits to an illegal operation is guilty of no crime, hence the policy covers death resulting from such an operation. Moreover, public policy does not stand in the way of enforcing such a contract when the beneficiary is an innocent third party with vested rights. Payne v. Louisiana Industrial Life Insurance Co., (La. 1948) 33 S. (2d) 444.