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Suicides and policies: causing the risk to happen under insurance contracts.
- Source :
- Australian Business Law Review. Dec, 1993, Vol. 21 Issue 6, p410-423.
- Publication Year :
- 1993
-
Abstract
- Denial of life insurance coverage when the insured committed suicide has been argued based on theories of construction, illegality and public policy and on evidentiary grounds, but exclusion should be determined solely by a showing of fraud. The case law that applies the various theories is inconsistent, and often suicide has not barred recovery. The determinative issue is whether the insurance contract was entered into with the intent to defraud the insurer. Although proving fraud may be difficult, it is the only grounds for denial of coverage that need be used when the intentional acts of the insured are involved.
Details
- ISSN :
- 03101053
- Volume :
- 21
- Issue :
- 6
- Database :
- Gale General OneFile
- Journal :
- Australian Business Law Review
- Publication Type :
- Periodical
- Accession number :
- edsgcl.14726054