31 S.E.2d 214 | Ga. Ct. App. | 1944
Lead Opinion
"Where a life insurance policy provided as follows: `Suicide. If the insured, whether sane or insane, shall die by his own hand or act within two years from the date of issue of this policy, the liability of the company under this policy shall be limited to the payment in one sum of the amount of premiums paid, less any indebtedness to the company,' and where the insured, within two years from the date of the issue of the policy, came to his death by jumping from a sixth story window of a hotel and landing on the roof of another part of the hotel forty-three and one-half feet below, when the insured, by reason of an hallucination, jumped to escape from imaginary enemies, and did not realize that his act would as a natural consequence produce his death: Held, that, under the foregoing clause, an intention, either sane, or insane, on the part of *394 the insured to take his own life would be necessary to constitute suicide as defined thereby, and no such intention appearing, the company would be liable for the face amount of the policy."
The trial judge, on motion of the defendant, directed the jury to return a verdict for the defendant, on the ground that it appeared from the evidence that the plaintiff's husband met his death by his own hand or act within two years from the date of the issuance of the policy, and that the liability of the defendant under the policy was limited to the return of premiums paid by the insured; and the court directed the jury to return a verdict for the plaintiff in the sum of $52.56, the amount of premiums paid, which sum the defendant had tendered to the plaintiff. The plaintiff moved for a new trial; and to the judgment overruling the motion for new trial she excepted. It appears from the evidence that the plaintiff's husband, immediately before his body was precipitated through the window of his room on the sixth floor of the hotel, and fell to the mezzanine roof some forty-three feet below, was in a state of fright or delirium, and it not appearing from any evidence that he possessed any realization of the height of the window from the roof on which his body fell, and since there must be some mental intent on the part of a person to take his own life by the doing of some act which would naturally *397 tend to destroy his life in order to constitute death by his own act, suicide, the inference is not demanded, even though the plaintiff's husband by his own act may have precipitated his body through the window, that his act was done with suicidal intent, irrespective of whether he at the time was sane or insane.
Where a person is found dead under circumstances which are consistent with non-suicidal death, the presumption is that such death was not suicidal. Mutual Life Ins. Co. v. Burson,
Under the evidence and the ruling of the Supreme Court in answer to the question certified by this court, the defendant company is liable for the face amount of the policy sued on, and the court erred in directing a verdict for the defendant, and in overruling the plaintiff's motion for a new trial. SeeChristensen v. New England Mutual c. Co.,
Judgment reversed. Parker, J., concurs.
Concurrence Opinion
I think the evidence demands the finding that the insured jumped from the window while insane. The burden of proving that he jumped with the intention of taking his life was on the insurance company. The evidence is consistent with the two opposing theories, one, that he jumped to save his life, and, two, that he jumped to destroy his life. In such circumstances, under uncontradicted evidence, the party having the burden of proof cannot prevail, and for that reason the court erroneously directed a verdict for the defendant insurance company.