Lichtenhan v. Prudential Insurance Co. of America

The substance of defendant’s contention on this appeal is set forth in its brief as follows:(1) Where a policy of insurance gives the insured the right to a paid-up term policy upon surrender of the original policy, he must make a demand for such term policy and surrender the old one before he is entitled to sue or enforce the covenants of such term policy.(2) In order to raise the presumption of death from seven years’ absence, it must be shown that it is such an unexplained absence as cannot be reasonably accounted for except on the presumption of death; and it must be shown that diligent…