The Insurance Law Journal Author:Unknown Author Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: SHUFORD vs. LIFE INS. CO. Of Virginia. (No. 564.) (Supreme Court of North Carolina.) 1. INSURANCE -- LIFE INSURANCE -- WAIVER OF PROOF OF DEATH -- P... more »LEADING -- NECESSITY. Waiver by insurer of proofs of death must, as a general rule, be pleaded. (For other cases, see Insurance, Cent. Dig. §§ 1593, 1596, 1598, 1603-1606, 1608; Dec. Dig. § 634.) 3. INSURANCE -- LIFE INSURANCE -- WAIVER OF PROOF OF DEATH -- DENIAL OF LIABILITY. Refusal of insurer to pay a life policy, except on conditions impossible of performance by the beneficiary, was a denial of liability and a waiver of proof of death. (For other cases, see Insurance, Cent. Dig. §§ 1382-1390, 1405; Dec. Dig. § 558.) 4. INSURANCE -- LIFE INSURANCE -- DEATH OF INSURED -- EVIDENCE. Insurer left home and was not heard of for more than seven years, though numerous inquiries were made in an attempt to ascertain his whereabouts and whether living or dead. A lawyer and a detective were unsuccessful in learning anything of him. Held to justify a finding of insurer's death authorizing a recovery on the policy continued in force by insured's wife paying the premiums. (For other cases, see Insurance, Cent. Dig. §§ 1555, 1707-1728; Dec. Dig. § 665.) Appeal from Superior Court, Buncombe County; Cline, Judge. Action by W. E. Shuford, administrator of Melvin Tilson, deceased, against the Life Insurance Company of Virginia. From a judgment for plaintiff, defendant appeals. Affirmed. Merrimon, Adams« less