Zimmerman v. Masonic Aid Ass'n of Dakota

No. 264
Decided Circuit Court, D. Nebraska
Disposition
affirmed
full scope · unanimous
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Court
Circuit Court, D. Nebraska
Decided
Judge
SHIRAB, District Judge
Posture
Trial to the court without a jury, facts found in writing
Plaintiff (1)
Catherine Zimmerman
J. Y. West, Charles Ogden
v.
Defendant (1)
Masonic Aid Association of Dakota
Hall, McCulloch & Clarkson
Decedent / victim: Gottlob Zimmerman

Overview

The motion for new trial is overruled, affirming the trial court's judgment for defendant except for repayment of premiums.

Case summary

Catherine Zimmerman sued the Masonic Aid Association of Dakota to recover on two life insurance certificates issued to her husband Gottlob Zimmerman, who intentionally killed himself. The application stated the policy becomes void if death results from suicide, while the by-laws stated if a member commits suicide, sane or insane, the certificate becomes void except the beneficiary receives premiums paid, with board option to pay in full. After a bench trial, the court held for defendant except for premium repayment. On motion for new trial, plaintiff argued: (1) by-laws copy was improperly admitted instead of original books; (2) defendant estopped from disputing coroner's jury verdict of insane impulse; (3) suicide provisions are contradictory, requiring construction favorable to assured. The court affirmed, holding: (1) proved copy admissible; (2) no estoppel; (3) no repugnancy—application covers sane suicide, by-laws cover all suicide; if conflict on premium repayment, by-laws provision prevails. Motion denied.

Abstract

Plaintiff sued to recover full benefits on life insurance certificates after the insured's intentional suicide, but the policy application and by-laws voided coverage for suicide, sane or insane, except for return of premiums. The trial court ruled for defendant except on premium repayment, admitting a proved copy of by-laws and rejecting estoppel from coroner's verdict and claims of contradictory provisions. The appellate court affirmed, clarifying the application covers sane suicide while by-laws govern all suicide, with by-laws prevailing on premiums.

Opinion of the court

Majority
opinion
SHIRAB, District Judge
  • Proved copy of by-laws admissible without original books
  • No estoppel from introducing coroner's jury verdict
  • Suicide provisions not contradictory; by-laws cover insane suicide

Jurisdiction

not challenged
Subject matter
Action at law on insurance certificates
Jurisdictional facts
  • Case tried in Circuit Court, D. Nebraska

Procedural posture

Posture at trial
Trial to the court without a jury, facts found in writing
Posture on appeal
Motion for new trial
Preserved issues
  • Admissibility of by-laws copy
  • Estoppel by proofs of death
  • Construction of suicide provisions

Subsequent history

Petition for rehearing
not filed

Legal categories

Business

Case record

Full case name
ZIMMERMAN v. MASONIC AID ASS’N OF DAKOTA
Docket number
No. 264
Court
Circuit Court, D. Nebraska
Trial court
Circuit Court, D. Nebraska
Trial court judge
SHIRAB, District Judge
Decided
Opinion author
SHIRAB, District Judge
Opinion type
published
Precedential status
precedential
Judges on panel
SHIRAB, District Judge

Issues & holdings

3
Issues raised
3
affirmed
3
Holdings
Standard of review

Abuse of discretion

Disposition rationale

Proved copy was competent evidence; requiring original books from distant home office is impractical

Preservation

Issue preserved for review

Standard of review

De novo

Disposition rationale

Introduction did not create estoppel; it was evidence to be considered with other facts

Preservation

Issue preserved for review

Standard of review

De novo

Disposition rationale

No repugnancy; application covers legal suicide (sane), by-laws cover suicide sane or insane; if conflict on premium repayment, by-laws provision prevails

Preservation

Issue preserved for review

Holdings of the court

Admissibility of by-laws copy
In action on insurance certificate referring to by-laws as part of contract, by-laws may be shown by proved copy; original books need not be produced
Printed copy testified as correct by secretary is competent; requiring original from distant home office is impractical and not necessary for justice
unanimousbinding precedent
Estoppel by proofs of death
Defendant not estopped from disputing coroner's jury verdict introduced as part of proofs of death
Introduction was to show claim made, not to concede facts; no prejudice or misleading of plaintiff
unanimousbinding precedent
Construction of suicide provisions
No repugnancy between application and by-laws; if both apply to sane suicide, by-laws provision for premium repayment prevails
Application covers legal suicide (sane), by-laws cover suicide sane or insane; conflict only on premium repayment, resolved in favor of assured
unanimousbinding precedent

Error analysis

  • Trial court admitted printed copy of by-laws instead of requiring original books — evidentiary · no error foundNot applicable · not applicable
  • Trial court allowed defendant to dispute coroner's jury verdict after introducing it — procedural · no error foundNot applicable · not applicable
  • Trial court construed suicide provisions incorrectly — procedural · no error foundNot applicable · not applicable

Burden of proof

Prosecution burden
Plaintiff must prove entitlement under insurance contracts
Burden met
false

Standards of review

  • Admissibility of by-laws copy — abuse of discretion Trial court's evidentiary ruling reviewed for abuse of discretion
  • Estoppel by proofs of death — de novo Legal issue of estoppel reviewed de novo
  • Construction of suicide provisions — de novo Contract interpretation reviewed de novo

Timeline

3
Events
— Not specified
Span
rulingcited in opinion

Court overrules motion for new trial

Outcome: Motion denied

Final disposition affirming trial court's judgment

All issues
SHIRAB, District Judge trial court
Not specifiedfactual eventcited in opinion

Gottlob Zimmerman intentionally kills himself with a pistol shot

Triggers suicide exclusion clauses in insurance contracts

Construction of suicide provisions
Gottlob Zimmerman
Not specifiedprocedural eventcited in opinion

Trial to the court without a jury, parties waived jury trial

Outcome: Court found facts in writing, held for defendant except for premium repayment

Bench trial where court made factual findings

All issues
SHIRAB, District Judge · Parties · Attorneys trial court

Facts & evidence

Incident

Date
Not specified
Location
Not specified

Key facts

5 facts
  1. Gottlob Zimmerman held two membership certificates (insurance policies) from defendant, payable to his wife Catherine
  2. Zimmerman intentionally killed himself with a pistol
  3. Application stated policy becomes null and void if death results from suicide
  4. By-laws stated if member commits suicide, sane or insane, certificate becomes void except beneficiary receives sum equal to premiums paid, with board option to pay in full
  5. Plaintiff sought recovery on certificates

Disputed questions

  • Whether Zimmerman was insane when he killed himself
  • Whether by-laws were properly admitted
  • Whether defendant estopped from disputing coroner's jury verdict

Procedural history

3 steps
  1. Trial to the court without jury
  2. Court found for defendant except for premium repayment
  3. Plaintiff moved for new trial

Evidence in the record

Direct
  • Gottlob Zimmerman intentionally killed himself by pistol shot
Testimonial
  • Secretary testified printed by-laws copy was correct
Documentary
  • Two certificates of membership
  • Application signed by Zimmerman
  • Printed copy of by-laws
  • Coroner's jury verdict
Challenged
  • Evidence type: Printed copy of by-laws · Challenge basis: Best evidence rule requiring original books · Trial court ruling: admitted · Reasoning: Proved copy competent; original from distant home office not required · Challenged on appeal: true · Appellate outcome: affirmed
  • Evidence type: Coroner's jury verdict · Challenge basis: Estoppel · Trial court ruling: admitted · Reasoning: Introduced as part of proofs of death, not conclusive · Challenged on appeal: true · Appellate outcome: affirmed

Jury

Jury selection issues
Jury trial waived by parties
Voir dire process
Not applicable
Jury composition
Not applicable
Verdict
Not applicable

Sentencing

Sentence imposed
Not applicable

Objects of relevance

Pistol used in suicidePrinted copy of by-lawsOriginal books of association at Sioux Falls

Policy considerations

  • Practicality in evidence rules for corporate records
  • Contract interpretation favoring effect to all provisions

Authorities

Standards & doctrines

  • Best evidence rule
  • Estoppel doctrine
  • Contract interpretation against repugnancy

Legal principles applied

  • Proved copies of corporate records admissible when original impractical
  • No estoppel without prejudice or reliance
  • Contract provisions interpreted to give effect to all parts

Notable quotes

“If it be the rule, as is claimed on behalf of plaintiff, that the original record or the original by-laws themselves must always be produced at the place of trial, then it might be placed beyond the power of the defendant to furnish the evidence.”
majority — Discussing admissibility of by-laws copy
Highlights impracticality of requiring original corporate records from distant locations
“The introduction thereof in evidence formed no basis for an estoppel against the defendant, for the plaintiff was not in any way misled or prejudiced thereby.”
majority — Discussing coroner's jury verdict
Clarifies that introducing evidence does not concede its truth
“This construction gives force to all the provisions of the contract of insurance, whereas, that contended for by the plaintiff requires the court to wholly ignore the provisions of the by-laws.”
majority — Discussing suicide provisions
Emphasizes interpreting contract to give effect to all parts
Index terms68
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Entities and documentation
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Action type
affirmed
Target
trial court judgment
Appealed from
Circuit Court, D. Nebraska
Context
Court overrules motion for new trial, affirming trial court's holding for defendant except for premium repayment
Scope
full
Disposition vote
unanimous
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Shirab
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