Knights Templars' Masons' Life Indemnity Company v. Jarman

This was a writ of certiorari to review a judgment of the circuit court of appeals affirming a judgment of the circuit court for the western district of Missouri, overruling the defense of suicide to an action upon a policy of life insurance, and awarding plaintiff judgment for the amount of the policy and assessments thereon.

An agreed statement of facts shows defendant to be an Illinois corporation, organized 'for the purpose of furnishing life indemnity or pecuniary benefits to widows,' etc.; and that on October 19, 1885, it issued to John P. Jarman, plaintiff's husband, and a citizen of Missouri, a policy of insurance or certificate of membership, subject to the constitution and by-laws of the company and certain conditions in the policy, one of which provided for its avoidance in case of self-destruction, 'whether voluntary or involuntary, sane or insane.' The seventh stipulation was that 'John P. Jarman, while insane to such an extent as to be incapable of understanding the nature or consequences of his act, took his own life, and came to his death on the 12th day of September, 1898, by a gunshot wound, inflicted by himself. It is not contended, however, by plaintiff that such self-destruction was the result of accident.' The further material facts are set forth in the opinion.

Defendant having refused to pay the amount of the policy on account of the suicide of the insured, Rosa B. Jarman, his widow and beneficiary, brought an action January 19, 1899, in the circuit court of Grundy county to recover the amount of the policy, $5,000, and assessments, which action was subsequently removed to the circuit court of the United States for the western district of Missouri, upon the ground of diversity of citizenship. The case was submitted to the court without the intervention of a jury, and resulted in a judgment in favor of the plaintiff in the sum of $6,006.30, which was affirmed by the circuit court of appeals. Whereupon petitioner sued out a writ of certiorari from this court.

Messrs. S. S. Gregory and Hervey Bryan Hicks for petitioner.

Messrs. Frederick H. Bacon, E. M. Harber, and A. G. Knight for respondent.

Mr. Justice Brown delivered the opinion of the court: