SELF DESTRUCTION OF INSURED   471

the defendant, that these two words make a marked difference. The claim is, that under this policy every case of self-destruction not purely accidental, whether the assured at the time was sane or insane, is within the proviso and avoids the policy. I am of opinion that this claim is not well founded. I am not clear for what particular purpose these two words were added. They can have no application in any case, unless the assured died by his own hand. Here, according to all the authorities, the assured did not die by his own hand, and hence these words can have no force. There is some force in the claim made on the part of the defendant that the words "sane or insane" which have recently been added to the other words, which have for many years been found in policies, must be given some meaning in the clause under consideration: that meaning must, if possible, be given to all the language used. It may be that they are used simply to make certain that mere insanity shall not take a case of self-destruction out of the proviso. With the clause as written every case of voluntary intentional self-destruction is within the proviso whether the assured was sane or insane; but the proviso does not apply to a case where the act of self-destruction was not voluntary or intentional. Such a case would properly be classified with accidents. It is conceded that this proviso, as now written, does not apply to the case of unintentional death of a sane man by his own hand, such a death being accidental. No more should it apply to an unintentional death of an insane man by his own hand. * * *

The language which would nullify a life policy in case the brain of the assured became so diseased and his mind so disordered that he should unconsciously or unintentionally, or from an irresistible impulse, take his own life, should be such as clearly to show that such was the intention of the parties. It is at least true that the language used in the policy under consideration does not clearly manifest such an intention.

It is claimed that, under the construction we have given to the words in this policy, no insurance company could use words that would shield it from liability in the case of the self-destruction of a person so insane as to be incapable of forming an intention or controlling his acts. I cannot perceive the difficulty. If it should be provided that the policy should be avoided "in case of suicide, or death of the assured resulting from insanity," or "in case of the self-destruction of the assured while insane, whether he was conscious of or intended the act of self-destruction or not," or "in case the assured shall consciously, intentionally and voluntarily take his own life, whether he was sane or insane," I think there could be no dispute as to the meaning. If either of the first two provisos had been in this policy, the defendant would have been exempted from liability; if the last proviso had been in, the construction would have been that which I have given. But it is unnecessary to