New York Insurance Co. v. Schlitt

New York Insurance Co. v. Schlitt

On the balance of probabilities the evidence did not establish suicide and did establish that death resulted from bodily injury caused by an external, violent and accidental cause within the policy; the presumption against suicide was not rebutted by the widow's testimony or asserted motive and the plaintiff was not required to prove the fire was itself started accidentally, only that the insured did not intend to cause his death; therefore the double indemnity was payable and the Appellate Division judgment in favour of the plaintiff is affirmed.

Citation
[1945] SCR 289
Parties
Plaintiff / Respondent: Henry Peter Schlitt, Administrator of the Estate of George E. Ross, Deceased; Defendant / Appellant: The New York Life Insurance Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
27 February 1945
Procedural Posture
Insurance Appeal / Supreme Court of Canada Hearing on Appeal From Supreme Court of Alberta, Appellate Division
Outcome
Appeal dismissed; judgment of the Supreme Court of Alberta, Appellate Division affirmed (plaintiff awarded double indemnity); costs to respondent
Legal Topics
Double Indemnity, Accidental Death, Presumption Against Suicide, Burden of Proof, Appellate Fact‑finding
Source Language
English
Insurance Law Civil Evidence Double Indemnity Accidental Death Presumption Against Suicide Burden of Proof Appellate Fact‑finding

Case Brief

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Parties

Henry Peter Schlitt, Administrator of the Estate of George E. Ross, Deceased

Plaintiff / Respondent

The New York Life Insurance Company

Defendant / Appellant

Procedural Posture

Insurance Appeal / Supreme Court of Canada Hearing on Appeal From Supreme Court of Alberta, Appellate Division

Legal Issues

  1. 1 Whether insured's death qualified as resulting from an 'external, violent and accidental cause' under the double indemnity clause
  2. 2 Whether the presumption against suicide was rebutted and where the onus of proof lay
  3. 3 Whether plaintiff was required to prove the fire itself was started accidentally or only that death resulted from an accidental cause

Ratio Decidendi

On the balance of probabilities the evidence did not establish suicide and did establish that death resulted from bodily injury caused by an external, violent and accidental cause within the policy; the presumption against suicide was not rebutted by the widow's testimony or asserted motive and the plaintiff was not required to prove the fire was itself started accidentally, only that the insured did not intend to cause his death; therefore the double indemnity was payable and the Appellate Division judgment in favour of the plaintiff is affirmed.

Court Disposition

Appeal dismissed; judgment of the Supreme Court of Alberta, Appellate Division affirmed (plaintiff awarded double indemnity); costs to respondent

Orders

  • Appeal dismissed with costs
  • Judgment entered for plaintiff (administrator) for $6,850 under the double indemnity clause