Ballinger v. Connecticut Mut. Life Ins.

This is an action to recover the value of a contract of life insurance, issued by defendant in 1922 to Luther Ballinger, complainant’s husband. Hearing the case on stipulated facts, the chancellor decreed that complainant had not established her right to recovery, and dismissed the bill. Complainant has appealed.

The bill avers that the insured met his death on or shortly after November 20, 1925, the date of his disappearance, and relies upon the common-law presumption of death after seven years’ unexplained absence to establish the fact of his death; the suit having been begun more than seven…