The words "felonious or otherwise," used in a policy, are held equivalent to "sane or insane ;" Riley v. Ins. Co., 25 Fed. 315 ; but not the words, "die by his own hand or act, voluntary or otherwise ;" Jacobs v. Ins. Co., 8 D. C. 632 ; or the words, "under any cir cumstances die by his own hand;" Schultz v. ins. Co., 40 Ohio St. 217, 48 Am. Rep. 676.
A Missouri statute, declaring that in all suits upon policies, of life insurance it shall be no defense that the insured committed suicide, applies not only to cases where the insured takes his own life voluntarily and in full possession of his mental faculties, but to all cases of self-destruction, whether sane or insane, unless the insured contemplated suicide at the time he made his application for the policy ; Knights Templars' & Masons' Indemnity Co. v. Jarman, 187 U. S. 197, 23 Sup. Ct. 108, 47 L. Ed. 139. That statute was held in a subsequent case to be a legit imate exercise of the power of the state, and stipulations in the policy conflicting with it were void; Whitfield v. Life Ins. Co., 205 U. S. 489, 27 Sup. Ct. 578, 51 L. Ed. 895.
The full amount of the policy is recover able under a statute which provides that suicide shall De no defense to an action on an insurance policy, unless it was contem plated at the time of obtaining the policy that the suicide, whether sane or insane, shall only be entitled to recover the amount of the premiums paid ; Knights Templars' & Masons' Life Indemnity Co. v. Berry, 50 Fed. 511, 1 C. C. A. 561. Where a statute pro vides that "all companies, after having re ceived three annual premiums, are estopped from defending on any other ground than fraud," . . . the defendant may set up the defence of suicide ; Starck v. Ins. Co., 134 Pa. 45, 19 Atl. 703, 7 L. R. A. 576, 19 Am. St. Rep. 674. Contra, Royal Circle v. Achter rath, 204 Ill. 549, 68 N. E. 492, 63 L. R. A. 452, 98 Am. St. Rep. 224.
Where the insured, while insane and un able to realize the consequences of his act, and without intending thereby to take his life, cuts his throat, his death comes within the terms in the policy providing that death shall be by "external, violent, and accide'ntal means ;" Blackstone v. Ins. Co., 74 Mich. 592, 42 N. W. 156, 3 L. R. A. 486.
Where one secured a policy of life insur ance, and, being financially embarrassed, kill ed himself in order to secure money for the payment of his debts, the policy was held void, although it was silent as to suicide ; Ritter v.. Life Ins. Co., 169 U. S. 139, 18 Sup.
Ct. 300, 42 L. Ed. 693 ;' but if such a policy is made payable to the wife of the insured, she may recover on it although her husband com mitted suicide ; Morris v. Life Assur. Co., 183 Pa. 563, 39 Atl. 52.
A beneficiary in a mutual benefit certificate, who under the terms of the contract can be changed at any time by the insured, cannot recover if the insured takes his own life while sane, although there is no provision in the certificate against suicide ; Davis v. Royal Arcanum, 195 Mass. 402, 81 N. E. 294, 10 L. R. A. (N. S.) 722, 11 Ann. Cas. 777. Suicide of a member of a mutual benefit society will not defeat a recovery on his benefit certificate issued In favor of his wife, in the absence of express provision in the contract to that effect, although the beneficiary not a vested interest which could not be defeated by the member ; Grand Legion, Select knights Of America v. Beaty, 224 Ill. 346, 79 N. E. 565, 8 L. R. A. (N. S.) 1124, 8 Ann. Cas. 160 ; Parker v. Life Ass'n, 108 Ia. 117, 78 N. W. 826; Supreme Conclave v. Miles, 92 Md. 613, 48 Atl. 845, 84 Am. St. Rep. 528 ; Robson v. Order of Foresters, 93 Minn. 24, 100 N. W. $81; Knights of Pythias v. Weller, 93 Va. 605, 25 S. E. 891; even if subsequently a by-law was adopted denying the right to re cover in such cases ; Feiersteln v. Supreme Lodge, 69 App. Div. 53, 74 N. Y. Supp. 558; Sautter v. Supreme Conclave, 72 N. J. L. 325, 62 AU. 529 ; or where the by=law was void for lack of authority ; Supreme Lodge K. P. v. La Malta, 95 Tenn. 157, 31 S. W. 493, 30 L. R. A. 838 ; or where the application contained an anti-suicide clause which was void for lack of authority ; Supreme Lodge Knights of Pythias v. Stein, 75 Miss. 107, 21 South. 559, 37 L. R. A. 775, 65 Am. St. Rep. 589.
In many cases suicide while sane is held to be a defense though there was no provision as to the•effect of it if the policy was payable to the insured or his personal representatives ; Patterson v. Life Ins. Co., 100 Wis. 118, 75 N. W. 980, 42 L. R. A. 253, 69 Am. St. Rep. 889 ; Seiler v. Life Ass'n, 105 Ia. 87, 74 N. W. 941, 43 L. R. A. 537 ; Hunziker v. Supreme Lodge K. of P., 117 Ky. 418, 78 S. W. 201; Shipman v. Protected Home Circle, 174 N. Y. 398, 67 N. E. 83, 63 L. R. A. 347 ; where the policy was payable to the estate of the in sured, suicide while sane, was no defense un less expressly so provided ; Campbell v. Su preme Conclave Heptasophs, 66 N. J. L. 49 Atl. 550, 54 L. R. A. 576.