BBM:
I think what it means is that he has to file a claim within the 365 days, or it lapses. They don't move on the claim until after the 365 days are up.
If it is a valid policy and her signature is real, then they have to pay up. I vaguely recall Stein saying that they were going to get a second opinion on the signature, presumably because the FBI thought it was hers. In any event, no fraud charges have been made in the US, so presumably the signature isn't really in dispute.
No one is disputing that she is dead, after all, he was held for months in Aruba on suspicion of having something to do with her dissappearance. The versions being offered is that she either drowned while scuba diving, or he killed her, in either case she is dead. But they can't prove the latter so they would have to accept the former until there is evidence to the contary.
I don't see how the insurance company can avoid paying up, they might stall it for a while in hopes of reaching a settlement, but if it goes to court they will have no option.
Actually, there has been ongoing speculation that Robyn could be a victim of kidnapping and trafficking. That holds with it a possibility, however remote, that she could be alive. Even GG himself brought this up in his television interview. Said she could have been abducted from the water, then said he thinks he still might see her again. However bizarre, that's what he said on national television.
The possibility that this was staged for the insurance payout has also been questioned by some as it wouldn't be the first time this kind of thing happened, and I would be willing to bet that the insurance company will consider this along with every other possibility before paying out 3.5 mill. on a person who has disappeared under highly suspicious circumstances.
If they had actually been
scuba diving as you state, they would have been further out in deeper waters, which would actually make GG's story more believable that she may have been swept out to sea. However, that is not the story he told. He claimed they were
snorkeling not far offshore in shallow waters, which is just one of the elements of his story that make it unbelievable. If they had been snorkeling where he claims, her body would have come to shore and been found. That is not jmo, but the opinion of Aruba LE who have conducted their own investigation and have at their disposal, Aruban professionals and locals who know those waters and the conditions on the day that Robyn disappeared.
B&SBM: Quoted from Wikipedia:
Death in absentia - Wikipedia, the free encyclopedia
Death in absentia (or presumption of death) is a legal declaration that a person is deceased in the absence of remains (e.g., a corpse or skeleton) attributable to that person. Such a declaration is typically made when a person has been missing for an extended period of time without any evidence that the person is still alive, or when the circumstances surrounding a person's disappearance overwhelmingly support the belief that the person has died (e.g., an airplane crash)....
The circumstances have always been questionable and suspicious. There were no witnesses or direct evidence, as, for instance, in a plane crash. Only what GG claims to have happened, and what Aruba LE believes, which does not coincide with GG's story of what happened.
If there is not sufficient evidence that death has taken place, it may take somewhat longer, as simple absence does not necessarily prove death. The requirements for declaring an individual legally dead may vary depending on numerous details including the following:
The jurisdiction the individual lived in before death
The jurisdiction where they are presumed to have died
How the individual is thought to have died (murder, suicide, accident, etc.)
The balance of probabilities that make it more likely than not that the individual is dead
Most countries have a set period of time (seven years in many common law jurisdictions) after which an individual is presumed to be dead if there is no evidence to the contrary....
Missing persons have on rare occasions been found after being declared legally dead. Prisoners of war, people with mental illnesses who become homeless,
and in extremely rare circumstances kidnapping victims may be located years after their disappearance.
Some people have even faked their deaths to avoid paying taxes, debts, etc.
Death in absentia - Wikipedia, the free encyclopedia
I feel sure that the insurance company will conduct their own investigation and will consider all possibilities and options, including the very strong possibility that Robyn was murdered by GG.