Herrig

Plaintiff-appellant was discharged from military service on December 30, 1918. At that time he was carrying a $10,000 war risk insurance policy. Effective January, 1919, he had this insurance reduced to $5,000. The reduced policy lapsed for nonpayment of the February, 1919, premium. In June, 1920, plaintiff-appellant had his insurance reinstated for $10,000, and he carried this term policy until January, 1921, when he converted it into a $5,000 ordinary life policy. This policy lapsed for nonpayment on the September, 1923, premium.

Action was begun by plaintiff-appellant on the original $10,000 policy. In its answer, the government set up the reduction of January, 1919, the reinstatement of June, 1920, and the conversion of January, 1921, claiming estoppels by virtue of the last two policies.

Plaintiff-appellant filed a reply, alleging that the reduction of January, 1919, the reinstatement and the conversion were all entered into under a mutual mistake of fact, in that neither the plaintiff-appellant nor the defendant-appellee was aware of plaintiff-appellant’s total and permanent disability, which, ho alleged, existed at the inception of all three new contracts, declaring that…