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Peak v. United States
Citations: 1 L. Ed. 2d 631; 77 S. Ct. 613; 353 U.S. 43; 1957 U.S. LEXIS 1729Docket: 491
Court: Supreme Court of the United States; March 25, 1957; Federal Supreme Court; Federal Appellate Court
Petitioner initiated a lawsuit in 1954 to recover benefits from a National Service Life Insurance policy for her son, who had been missing since 1943. The complaint claimed he was permanently disabled due to various health issues before his disappearance and asserted that he died in 1943, which would entitle her to a waiver of premiums. The District Court dismissed the case, presuming the son was dead as of 1950 due to his unexplained absence and ruling that the policy had lapsed for non-payment of premiums during that time. The Court of Appeals upheld this decision, stating there were no allegations supporting that the son died while the policy was in effect. The Supreme Court, however, held that the petitioner was entitled to present her case to a jury. Under 38 U.S.C. 810, a presumption of death arises after seven years of unexplained absence, but the suit cannot be filed until that period has elapsed. The Court stated that the cause of action would accrue at the end of the seven-year period, thus defining when the six-year statute of limitations begins. Importantly, the statute does not prevent the introduction of evidence suggesting the insured’s death occurred earlier while the policy was active. If proven, allegations of the insured's disability would also allow for the premium waiver under 38 U.S.C. 802. Since the petitioner filed the claim within a year of the presumed date of death, the claim for premium waiver is valid, and the Court reversed the lower court's judgment, remanding the case for trial. Justice Whittaker did not participate in the decision.