McNulty v. General American Life Insurance

Opinion by

Baldrige, J.,

This action in assumpsit was brought to recover the amount alleged to be due under the terms of a policy of insurance issued on the life of John F. McNulty, payable upon his decease to his wife, the plaintiff. The question in dispute is whether the plaintiff proved the death of the insured.

The plaintiff relied on the common law presumption that the death of her husband had arisen after an unexplained absence for seven years. She and the insured, both then residents of Pittsburgh, were married in August 1933. The plaintiff last saw, heard from, or of, her husband on…