This was a suit by plaintiffs in error, the beneficiaries named upon a policy of insurance issued by defendant company upon the life of William G. Parish. The defendant set up in defense that the insured committed suicide; that, by the terms of the policy and the application made therefor, it was provided that if the insured should, within two years after the issuance of the policy, commit suicide, sane or insane, the policy should become null and void; and that such suicide was committed within the two years. Defendant attached to its amended answer a copy of the application made by the insured, a copy of the policy issued by the defendant, and a copy of the proofs of loss.
Plaintiff replied, excepting to that portion of the answer which set up the condition of forfeiture, on the ground of suicide, because it appears from the exhibits attached as copy of the policy and copy of the application that the clause in said application with reference to suicide was not a warranty, was not the basis, nor did it constitute any part of the basis, of said contract of insurance, and was not incorporated into the policy in any such way as to make it an express warranty; but that said clause was in the nature of a representation, and was so made by the assured, and so treated by the defendant; was in the nature, simply, of inducement to the contract, and there is no allegation that it was not made in good faith by the assured, as the expression of his then intention, nor is there any allegation that the alleged suicide was committed with any purpose or intent to defraud the defendant. Plaintiff also denied that deceased did commit suicide, but alleged “that the death of said Parish did not result from any voluntary act of his, but was caused by, and was the immediate result of, the disease insanity; that at the time and during the occurrence of the acts and personal injuries inflicted upon the said Parish, and causing his death, if such was the cause, which plaintiffs, however, deny, and which acts and injuries are erroneously and falsely attributed to and charged against said Parish as suicide, the said Parish was so insane as to be incapable of entertaining an intent, and did not intend, to destroy his life; that he did not realize the physical nature or result of such acts, nor contemplate the natural or probable consequences thereof; that in the doing of said acts, so attributed by defendant to deceased, he, the said deceased, Parish, was impelled and forced thereto by an irresistible impulse; that said acts so charged as suicide against said Parish were the acts, and his death the result, of the insane frenzy of said Parish, and without any volition or intention on the part of said Parish.” The court overruled plaintiff’s exceptions.
The cause went to trial before a jury, and, upon the conclusion of the evidence, the court instructed the jury to return a verdict for defendant, which was done, and judgment entered accordingly. Motion for new trial was presented and overruled. Statement of facts was filed. Within the time allowed by law, a petition and bond for writ of error to this court were filed and perfected, and the cause brought to this court.
