Baciocco

Plaintiff sues to recover upon a poliey of insurance issued upon the life of Arnold Ertola, pay *701 able to plaintiff as beneficiary, for the sum of $5,000, with $5,000 additional in event the insured should die as a result of injury suffered through “violent and accidental means.” The policy contains a provision relative to suicide, which enters into the determination of the case. It reads as follows: “If, within one year from the date hereof, the insured shall die by suicide — whether sane or insane —the liability of the company shall not exceed the amount of the premiums paid on this policy.”

Plaintiff and Ertola were business partners. On May 8, 1925, each took out a life insurance policy for the same amount, and each named the other as beneficiary, describing him as “partner of insured.” One premium on each policy was paid from the partnership funds. Plaintiff asserts that the purpose of this mutual issuance of policies was to protect the surviving partner against business loss which might occur by reason of the death of the other partner.

Zelia Mary Ertola, named as a defendant, is the widow of Arnold. It is admitted that Arnold Ertola and Zelia Mary Ertola were married…