In determining a presumption of death for life insurance benefits when the insured is missing, which criterion is NOT required in many jurisdictions?

• A. There is a total absence of communication from the missing insured.
• B. The insured has been continuously missing for a minimum of 10 years.
• C. There is no reasonable explanation for the absence of the insured.
• D. A diligent, unsuccessful search for the insured was conducted.

Answer: (B)

When a life insurance claim is paid for a missing insured, courts and insurers look for evidence that the person is presumed dead through a combination of factors and a statutory waiting period. The idea is to show the disappearance is permanent and there is no sign of life, after reasonable efforts to locate the person have been made. The typical criteria include a total lack of communication from the missing person, no reasonable explanation for the disappearance, and a diligent, unsuccessful search conducted to find them. The crucial point is that the required time period is not fixed at ten years in most jurisdictions; many places use a shorter period, commonly around seven years. Therefore, requiring a minimum of ten years is not generally required, making that option the one that does not fit with how presumption of death is usually established.