This question should be answered in REAC format (Rule, Explanation, Application, Conclusion). Please include all relevant keywords, terms, and phrases when discussing each topic.
Larry purchased a life insurance policy on his life, naming his brother, Sean, as beneficiary. Fifteen years ago, Larry traveled overseas on what was supposed to be a six-month trip, but has not been heard from since. Sean contacted the insurance company, which refused to pay the claim on the basis that there was no evidence that the insured was dead. Sean filed suit against the insurance company to collect the proceeds under the policy. The jurisdiction in which the action has commenced has a statute that states that a person is presumed dead if missing from the jurisdiction for seven years, and if no one in the jurisdiction has heard from the person in those seven years. Assume that no other evidence is admitted at trial on this issue of the insured’s death.
Must the jury find that the brother is dead?
NotepadClick anywhere in notepad to add a note
First, consider the presumption contained in the jurisdiction’s statute regarding missing persons. Then, consider whether the insurance company submit any evidence to counter the effect of this statute in Sean’s case?