American Home Assurance Company v King (as Executrix of the Estate of the Late Frederick King)

The appeal concerned a claim under a life insurance policy taken out by the late Frederick King. The insurer, American Home Assurance Company, denied liability on the grounds that the deceased's death was by suicide, which was excluded under the policy. The executrix of the estate, Mrs. King, contended that the death was accidental. The case was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the standard of proof required to establish suicide in civil proceedings was the ordinary balance of probabilities, or a higher degree of satisfaction, and whether the presumption against suicide still operated in Australian law. The court also had to determine the proper inference to be drawn from the evidence presented regarding the circumstances of Mr. King's death.

The Court of Appeal affirmed that the standard of proof for suicide in civil proceedings is the ordinary balance of probabilities, applying the principles established in *Briginshaw v Briginshaw*. This requires the court to be satisfied that it is more probable than not that the event occurred, but the more serious the allegation, the more convincing the evidence must be. The court also held that while a presumption against suicide may have historical significance, it does not alter the civil standard of proof and the ultimate determination must be based on the evidence. Applying these principles to the facts, the court found that the evidence strongly supported the conclusion that Mr. King's death was by suicide.

The appeal was dismissed, and the appellant was ordered to pay the costs of the appeal.