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JACOBS v. TOWN CLERK OF ARLINGTON

402 Mass. 824 (1988)

525 N.E.2d 658

LEONARD J. JACOBS & another, receivers, & another vs. TOWN CLERK OF ARLINGTON; THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, intervener.

Supreme Judicial Court of Massachusetts, Middlesex.

July 13, 1988.

Attorney(s) appearing for the Case

Owen Gallagher (John P. Graceffa with him) for the intervener.

Morris M. Goldings (Richard S. Jacobs with him) for the plaintiffs.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.

HENNESSEY, C.J.

This case arises out of the disappearance of Richard C. Jacobs (Jacobs) on or about May 10, 1977. Jacobs was reported missing when he failed to appear at his trial in New Orleans, Louisiana, on charges of aggravated rape and crimes against nature. Prior to Jacobs's disappearance, The Guardian Life Insurance Company of America (Guardian) had insured his life. Under its insurance contracts, Guardian is obligated to pay death benefits upon presentation...

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