Legal Definitions - ex visitatione Dei

Ex visitatione Dei is a Latin legal phrase that historically referred to an event or condition occurring due to natural, unavoidable causes, often implying divine providence or an act of God. It was primarily used in two contexts:

• To describe a physical incapacity or disability that was not self-induced but arose naturally.
• To indicate a death resulting from natural causes rather than violence or accident.

Here are some examples illustrating its application:

• Example 1 (Physical Incapacity in Legal Proceedings): Imagine a key witness in a civil trial who is suddenly hospitalized with a severe, unexpected illness, such as a debilitating stroke, just days before they are scheduled to testify. This illness renders them physically unable to attend court or communicate effectively.

  In this scenario, the court might acknowledge the witness's inability to appear or provide testimony as being ex visitatione Dei. This means their incapacity is understood to be due to a natural, unforeseen medical event beyond their control, rather than a deliberate refusal to cooperate or a strategic avoidance of the proceedings.

• Example 2 (Natural Death in Insurance Claims): Consider a life insurance policy that specifies different payout conditions based on the cause of death. If the insured individual passes away peacefully in their sleep due to a sudden, undiagnosed heart condition, rather than an accident or suicide.

  The insurance company's official determination of death would likely categorize it as ex visitatione Dei. This signifies that the death resulted from a natural disease process, thereby triggering the specific policy provisions applicable to natural causes, as opposed to those for accidental or violent deaths.

• Example 3 (Historical Excuse for Non-Performance of Duty): In an older legal or administrative system, a public servant responsible for maintaining a critical infrastructure, like a bridge, might suddenly develop a severe, progressive neurological disorder that renders them physically incapable of performing their supervisory duties.

  Their inability to fulfill their responsibilities could be excused as ex visitatione Dei. This acknowledges that the physical impediment was a natural, unavoidable affliction, distinguishing it from negligence, willful dereliction of duty, or other human-caused failures.