Home > Journals > Michigan Law Review > MLR > Volume 43 > Issue 4 (1945)
Asserting that the deceased met his death by accidental drowning, appellant sued as beneficiary to recover under a double indemnity clause of an insurance policy issued to the deceased by the defendant. The defense was that the deceased committed suicide and that a clause in the policy prevents recovery of double liability under such circumstances. The jury found for the defendant and, on appeal, the beneficiary contended that the trial judge committed prejudicial error against her by refusing to instruct the jury that there was a strong presumption against suicide and in favor of accidental death. Held, the code provides that the presumption against suicide should be considered by the jury when determining its final verdict, and failure to so instruct the jury constituted reversible error. New trial ordered. Three judges dissented. Wycoff v. Mutual Life Insurance Co. of New York, (Oregon 1944) 144 P. (2d) 227.
EVIDENCE-EFFECT OF PRESUMPTION AGAINST SUICIDE,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol43/iss4/10