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Chapter9Students-Supp - C.E.C 667 provides “A person...

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Chapter 9 Q UESTIONS FOR C LASSROOM D ISCUSSION S UPPLEMENT P AGE 167 1. Does the C.E.C. treat all presumptions as having the same effect? If not, why not? 2. Action by Plaintiff, beneficiary of a life insurance policy in the name of Alpha, against the insurer, for failure to pay the benefits under the policy. The insurer refused to pay because it asserts that Alpha is still alive. To prove Alpha is dead, Plaintiff offers evidence that nobody has heard from Alpha in five years.
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Unformatted text preview: C.E.C. § 667 provides: “A person not heard from in five years is presumed to be dead.” The presumption falls into the category of “presumptions affecting the burden of proof.” What is the effect of the presumption under the C.E.C.? Would the effect be different if the Federal Rules applied?...
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