Saecker v. Metropolitan Life Insurance

BARNARD, P. J. This is an action upon a rider to a life insurance policy providing for the payment of an additional $1,000 in the event the death of the insured occurred through accidental means and was not suicidal in nature. The court found that the insured died as a result of self-destruction and the plaintiff, the widow of the insured, has appealed.

Appellant’s main contention is that the evidence is insufficient to sustain the finding to the effect that the insured committed suicide. The deceased was found on .the cement pavement below a window of a room on the third story of a hospital. It is conceded that his death occurred as a result of his falling from this window and there is no direct evidence as to whether that fall was accidental or whether the deceased intentionally jumped or threw himself from the window. The appellant relies upon the presumption against suicide and contends that all of the evidence supports rather than rebuts that presumption.

The insured, a man 63 years of age, had been ill for three years, suffering from a painful affliction. On January 1, 1940, he was taken to this hospital for the purpose of being built up so that he could more safely undergo a surgical operation. On the evening of January 4, the appellant and their daughter visited him and he appeared to be hopeful and [481]more cheerful than he had been for a long time. When the appellant left the hospital that evening her husband asked her to bring his electric razor the following morning.

Near the foot of the insured’s bed was a window the ledge of which was 27 inches from the floor and the window itself would open to a width of 31 inches. This window opened into a light well. At about 9 o’clock that night a nurse went into the room and raised the window about 8 inches from the bottom and adjusted the shade to the level of the window. The window screen was hooked. The insured was then in bed attired in a short hospital gown. At about 10 o’clock that night the nurse looked into the room and the insured was in bed and apparently quiet. At 10:45 o ’clock that night the body of the insured was found on the concrete pavement of the light well at a point just below the window. He was then dressed in pajama jacket and trousers and had on sheepskin slippers. Immediately thereafter the room was examined and the window shade was found to be up, the window fully open, the screen unhooked and there was no damage to the blind, to the screen or to the window.