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8. Whether this presumption should be applied is to be determined according to
In a federal court diversity action by a plaintiff against a defendant on an insurance claim, a question arose whether the court should apply a presumption that, where both husband and wife were killed in a common accident, the husband died last.
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A is incorrect. Traditional common law should not be applied here; the state whose substantive law is being applied in the case determines whether the presumption should be applied.
B is incorrect. Federal statutory law should not be applied here; the determination of whether a presumption should be applied is based on the state law whose substantive law is applied.
D is incorrect. Federal common law should not be applied, for the reasons stated above.