Insurance Beneficiary vs. Insurer: Proof of Actual Death Required Over Presumption

Insurance Beneficiary vs. Insurer: Proof of Actual Death Required Over Presumption: A plaintiff, having taken out life insurance with a provision allowing the beneficiary to receive the capital upon proof of the insured's death, sued the insurer to obtain payment after the insured disappeared and was declared legally dead following a presumed accident at sea; the court upheld the lower court's ruling denying the claim because, despite the declaration of legal presumption of death, the insurer was not obligated to pay the capital based on the policy's terms, which explicitly required proof of actual death, meaning the mere absence and legal declaration were insufficient to trigger the payout obligation.