Vokey v. Mutual Life Assurance Co. of Canada, (1972) 2 Nfld. & P.E.I.R. 458 (NFSC)

• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: February 04, 1972
• Jurisdiction: Newfoundland and Labrador
• Citations: (1972), 2 Nfld. & P.E.I.R. 458 (NFSC)

Vokey v. Mutual Life (1972), 2 Nfld. & P.E.I.R. 458 (NFSC)

MLB headnote and full text

Vokey v. The Mutual Life Assurance Company of Canada

Indexed As: Vokey v. Mutual Life Assurance Co. of Canada

Newfoundland Supreme Court

At Trial

Furlong, C.J.

February 4, 1972.

Summary:

The trial court dismissed an action by the beneficiary of a life insurance policy to recover the proceeds payable under the policy. The policy contained an accidental death benefit clause which excluded death by suicide. The insured led a contented domestic life but was worried about business difficulties. The insured drowned after driving his vehicle off a wharf in circumstances which indicated a deliberate act.

The trial court held that the presumption against suicide was rebutted by the evidence of motive and the circumstances of the death, which together were consistent only with suicide.

Insurance - Topic 7230

Life insurance policy - Defences and exclusions - Suicide, presumption against suicide - Insured drove off wharf in vehicle and drowned - Presumption against suicide - Motive - Insured was worried about his business - Motive and circumstances of death inconsistent with accident - Newfoundland Supreme Court held insured committed suicide and dismissed action by beneficiary on insurance policy.

Cases Noticed:

Dominion Trust v. The New York Life lnsurance Company, [1919] A.C. 254 (P.C.), refd to.

Counsel:

Leo D. Barry, for the plaintiff;

James R. Gushue, for the defendant.