Donea v. Massachusetts Mutual Life Insurance Co.

Peterson, Justice.

Plaintiff as beneficiary sues on an insurance policy for $5,000 issued by defendant on her former husband’s life. Plaintiff claimed that the insured was dead by presumption on August 15,1943. This defendant denied. There was no direct proof that he was either dead or alive on the date mentioned. In order to establish the presumption of death, plaintiff introduced evidence to show insured’s unexplained disappearance from his home without any tidings from him for a continuous period of over seven successive years. Defendant’s evidence consisted of the life mortality tables…