Shaw v. Prudential Insurance Co. of America

We have here an action based upon two life insurance policies seeking recovery on behalf of the beneficiary because of the presumption of the death of the insured, arising from seven years’ unexplained absence. The case was tried to a jury, resulting in a verdict in favor of the defendant. A motion for a new trial was interposed, and the trial court, concluding that the jury had been erroneously instructed, set aside the verdict and granted a new trial. The defendant has appealed.

The order granting a new trial is based upon the specific ground that a certain part of a certain instruction was…