Scottish Court of Session Decisions

Adamson's trustees sued the defenders for payment of certain sums contained in two policies of insurance effected with the defenders on the life of the late Mr Adamson. The defenders pleaded in defence (1) that the policies libelled on were void, and insufficient to constitute any legal claim against the defenders, in respect that the matters set forth in the relative declarations by the deceased Mr Adamson were not truly and fairly stated; et separatim, in respect that information materially affecting the assurances thereby effected was unduly withheld from the defenders by the deceased: And (2) that pursuers were not entitled to recover under the policies in question, in respect that the assured died by suicide, in the sense of the policies libelled.

The averments upon which these pleas in defence were founded were to the following effect:—It was alleged that Mr Adamson, with a view to obtaining the said policies, subscribed and delivered to the defenders declarations containing, or professing to contain, particular information in regard to his age, health, habits, and other matters. In these declarations Mr Adamson set forth that he had not withheld or concealed any circumstance tending to render an assurance on his life more than usually hazardous, and he agreed that said declarations should be the basis of contract between him and the defenders, “and that, if any untrue averment is contained in this declaration, all sums which shall have been paid to the said company upon account of the assurance made in consequence thereof shall be forfeited, and the assurance shall be absolutely null and void.” In like manner, by the terms of the policies it was expressly declared that what was set forth in the said declarations or otherwise in regard to the assurance should be the basis of the contract; and that “if it shall hereafter appear that any material information has been withheld, or that any of the matter set forth have not been truly and fairly stated, then all the monies which shall have been paid on account of this assurance shall be forfeited, and the assurance shall be void.” It was also by the said policies provided that the assurances thereby effected should at all times and under all circumstances, be expressly subject to the several conditions printed on the back thereof. By the third of these conditions it was, inter alia, provided that “policies granted to persons on their own lives become void if they die by suicide, duelling, or by the hands of justice; this, however, does not extend to policies which have been bona fide assigned to third parties for onerous causes, and of which assignment notice shall have been given to the office previous to the death, nor does it extend to assurances effected by one person on the life of another.” The deceased, also, in said declarations, stated and represented that his ordinary medical

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attendant was Dr Dyce, of Aberdeen, and that Dr Dyce had, as such ordinary medical attendant, actually attended him five or six years before.

The foresaid declarations, subscribed by the deceased William Adamson, contained various statements and representations which were untrue. In particular, the statements and representations therein made by the said deceased to the effect that the said Dr Dyce was his ordinary medical attendant, and as such had, in fact, attended him during an illness which he had five or six years previously, were altogether untrue. The statements and representations therein made by the said deceased with regard to his health were also inconsistent with fact, and did not truly and fairly disclose the whole facts and circumstances relating to the said matter. The said deceased also unduly withheld from the defenders material information, and particularly touching his health and habits, which was calculated to render an assurance more than usually hazardous, and which ought to have been communicated to the defenders.

During the years 1858 and 1859, the said deceased laboured for a considerable period under illness of a serious nature. His nervous system was very much depressed, His mind was also to some extent affected, and he had occasional attacks of suicidal mania. Dr Dyce was not his medical attendant during his illness, and was not aware, at the time when the policies sued on were issued, that the deceased had been so affected. The deceased, however, was well aware of these circumstances at the time when he subscribed the aforesaid declarations; and he also knew that an uncle of his had committed suicide, having died by his own hand, but he concealed all of these facts and circumstances from the defenders. Said circumstances materially affected the risk of insuring his life; but the deceased, notwithstanding, withheld all information regarding them from the defenders, and failed to communicate to them the name of the medical men, Dr Sutherland and Dr Kilgour, whom he consulted during said illness.

The said Mr Adamson died by suicide on or about the 24th August 1866, he having, of that date, voluntarily inflicted severe wounds upon his own person, which caused death by hæmorrhage within an hour or two.

The pursuers proposed an issue in the usual terms, and the defender proposed the following counter issues.

1. “(1) Whether the declaration, No. 20 of process, referred to in the said policy, No. 6 of process, contains any untrue averment?

2. (2) Whether, by concealment or non-communication of fact or facts, material to the risks undertaken in the said policy, No. 6 of process, the defenders were induced to grant the said policy?

The third and fourth issues were in similar terms, and were applicable to the other policy.

(5) Whether the said William Anderson died by suicide?