Allen
United States v. Allen
Opinion
Lead Opinion
Wilbur, J.
Appellant brought this action at law alleging that, while he was insured under a war risk insurance poliey issued by the United States government on August 1,1918, for $10,000, he “contracted and developed kidney, bladder and eye diseases, and by reason thereof became totally and permanently disabled, and said plaintiff has ever since said time remained and now is totally and permanently disabled.” The government’s answer denies plaintiff’s total disability, .and by separate answer alleges that appellant’s war risk insurance lapsed November 1, 1919, and that on September 16, 1922, plaintiff applied for reinstatement of said war risk insurance in the sum of $10,000, and that the government reinstated said insurance on said date; that in the application for reinstatement, as required by the director of the bureau of war risk insurance, appellant’s application for reinsurance contained the statement that he was not totally and permanently disabled. It is alleged that the government relied and acted upon said statement in issuing the new poliey, and pleads that appellant is estopped from asserting that on the 16th day of September, or prior thereto, he was permanently and totally…