Fanning v. Equitable Life Assurance Society

Citations

• 264 Pa. 333
• 107 A. 715
• 1919 Pa. LEXIS 648

Syllabus

<p>Evidence — Proof of death — Sufficiency — Exposure to peril— Forest fire — Presumption of death — Life insurance.</p> <p>1. In an action on a life insurance policy the evidence is sufficient to sustain a finding that the insured died in a forest fire where it appeared that up until that time he wrote frequently to his mother, sending her money, that he earned good wages, and was without financial difficulties and had a happy, cheerful disposition, and that when last seen and heard of he said that he was going to fight the forest fire, in which many persons lost their lives, some being burned beyond recognition.</p> <p>2. Although the time of the death of a person who cannot be found is presumed to be seven years from the date on which he was last heard from, the presumption may be overcome from facts and circumstances tending to show that his death probably happened sooner, as that he encountered a special peril which might reasonably be expected to destroy life.</p>