What is the test for establishing a presumption in the absence of an insured?
"New York", United States of America
The following excerpt is from Barlow v. Prudential Ins. Co. of America, 17 Misc.2d 864, 187 N.Y.S.2d 231 (N.Y. App. Term 1959):
The verdict, moreover, was clearly against the weight of the evidence. The presumption could not arise, since the facts of the insured's disappearance could not create 'in reasonable minds conflicting inferences'. Stevens v. Metropolitan Life Ins. Co., 151 Misc. 676, 273
Page 233
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a motor vehicle accident, is an insured's life insurance policy enforceable when the insured dies? (MultiRegion, United States of America)
What is the burden of establishing that an applicant who has not established past persecution has a presumption of fear of future persecution? (MultiRegion, United States of America)
Is an insurer liable for fees incurred by an insured in the wake of the insurer's breach of its duty to defend? (MultiRegion, United States of America)
Can an insured who has been "cast in a defensive posture by the legal steps an insurer takes in an effort to free itself from its policy obligations" recover attorney fees and expenses incurred in defending against the insurer? ("New York", United States of America)
What is the test for establishing that there is clear established Federal law governing the meaning of the word "clearly established federal law"? (MultiRegion, United States of America)
What is the test for establishing a presumption? (MultiRegion, United States of America)
What is the test for establishing that a trust fund has been established for the purpose of augmenting the property passing to a receiver? (MultiRegion, United States of America)
What is the test for establishing a presumption of prosecutorial vindictiveness? (MultiRegion, United States of America)
What is the test for establishing that a will has been established that the propounder has knowledge and approval? (Canada (Federal), Canada)
What is the presumption of presumption of truthfulness? (Canada (Federal), Canada)
