Legal Opinion

McLean v. A. O. U. W. Grand Lodge

South Dakota Supreme Court

Decided October 5, 1931No. File No. 6774Published

1Opinion of the CourtPolley, P. J.

This action is brought to recover on a policy of life insurance in which plaintiff is named as beneficiary. Among other defenses set up in the answer is the contention by defendant that there is no sufficient evidence to show that the insured is dead. There is no positive proof of the death of insured, but plaintiff is relying on the presumption of death arising from the fact that the insured has been absent from home and unheard from for a period of seven years. To support this presumption plaintiff proved that the insured left his home in this state during the month of February, 1907, and…

2Cases cited4 opinions

  1. Matter of Bd. of Education of New York.New York Court of Appeals · 1903
  2. Ewing v. Metropolitan Life InsuranceWisconsin Supreme Court · 1926
  3. Egger v. Northwestern Mutual Life InsuranceWisconsin Supreme Court · 1931
  4. Hansen v. Central Verein der Gegenseitigen Unterstuetzungs Gesellschaft GermaniaWisconsin Supreme Court · 1929

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