INSURANCE-RIGHT OF INSURED TO RECOVER UNDER DISABILITY CLAUSE OF LIFE INSURANCE POLICY FOR SELF-INFLICTED INJURY

Barton S. Ed., Robert M.

Journal: Michigan Law Review

Volume: 43

First Page: 615

Year: 1944

Bluebook Citation: 43 MICH. L. REV. 615 (1944)

Author: Robert M. Barton S Ed: all 4 publications


Abstract

A policy of life insurance was issued to one Rice providing for payment of certain disability benefits to the insured if he should "sustain a physical impairment such as . . . the permanent loss of the sight of both eyes." As a proximate result of an unsuccessful attempt to commit suicide the insured was blinded. The policy contained no express limitations or restrictions on such self-inflicted injuries but did provide that the insurance company should not be liable for benefits "if the death of the insured resulted from suicide." Rice was apparently sane at the time he attempted to kill himself. Held, recovery is allowed. The obligation to pay for disability suffered is an absolute one in the absence of contractual provision limiting it.

There is no statute or public policy forbidding payment. Prudential Insurance Co. v. Rice, (Ind. 1944) 52 N.E. (2d) 624.

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