Stump v. New York Life Ins.

HARRY E. WATKINS, District Judge.

Plaintiff, a resident of Grantsville, W. Va., beneficiary under a life insurance policy carried by her husband, sued defendant to collect such insurance. She claims that his continued absence for more than seven years creates a presumption of death under West Virginia Code, Chapter 44, Art. 9, Sec. 1. The insurance company asserts that the assured is a fugitive from justice, and that the presumption of death does not arise, or is completely overcome by the facts and circumstances of his departure and absence. The case was submitted to the court, sitting…