SELF DESTRtiCTIO\ OF INStiRED   467

In all cases heretofore considered by the courts, so far as we are advised, save in those to be hereafter referred to, the words "sane or insane" were not written in the policy. Such were the leading English cases of Borradaile v. Hunter (5 M. & G., 639) ; Clift v. Schwabe (3 C. B., 437), and all the cases in this State, and in some other of our sister States; and in all these cases it is to be observed that the courts considered that the words "dying by his own hand" could not have a literal application; for if so, a voluntary death by drowning or by taking poison would not avoid the policy any more than a death occasioned by a pistol shot by the hand of a madman, moved by an irresistible insane impulse. But the exceptions which the courts have engrafted upon the meaning of the words employed "rest upon the ground that the excepted cases could not have been within the meaning of the parties to the policy." (55 A. Y., 169, Rapallo, J.) It is therefore held that a death by drowning or by poison is a death by the hand of the assured, and also, that a death from a pistol shot delivered from the hand of the assured is not a death by his own hand, if at the time he was bereft of reason, and the act was involuntary. We have, therefore, only to consider the interpretation to be given to the language of the contract of insurance, for no question is made but that it was fully understood and agreed to by both parties.

It can scarcely be doubted that an insurer of the life of a person may by apt language guard himself from liability for all disasters if the exemption does not contravene public policy. He may provide that if the assured shall die of the small pox or any other specified disease of the body he will not be liable, and there appears to be no reason why he may not guard himself against liability if death results from any disease of the mind. Indeed, it is said by Rapallo, J., in Van Zandt v. The Mutual Benefit Life Insurance Company [55 N. Y. 169], that "no rational doubt can be entertained that a condition exempting the insurers from liability in case of the death of the assured by his own hand, whether sane or insane would be valid if mutually agreed upon between the insurer and the insured," and then, in substance, adds, that if nothing is said with respect to insanity, the result is that a party does not "die by his own hand" if his death happens from the involuntary act of a madman. This view- of the question is but a very concise and accurate statement of the law as announced in cases previously adjudged. No reason has been assigned, and we think none can be, if a party insuring his life shall argue that in case his death shall result from the mental disease of insanity the insurers shall not be liable. The word "insane" or "insanity" ordinarily implies every degree of the unsoundness of mind, and in this case we assume that the assured was to the very last degree mad or insane, so that the mere act of self-destruction was wholly involuntary.