Commercial Law, 2020 Bar — Question A.3

ESSAY

Twenty-five months after a life insurance policy had been issued, the insured committed suicide. Upon investigation, the insurance company discovered that the insured had been living with an undiagnosed Major Depressive Disorder for some time before the suicide. Under the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), a guidebook used by many professionals to diagnose various mental health conditions, Major Depressive Disorder is recognized as a mental disorder. Would the beneficiaries of the insured's life insurance policy still be entitled to receive its proceeds? Explain briefly.

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