Oliver

This appeal is to reverse a judgment entered in favor of plaintiff individually and as administratrix on a war risk insurance policy, for installments from date of total permanent disability to date of death, as ad-ministratrix, for $7,500 on a $10,000 policy, and also from an order permitting amendment of the complaint during the trial.

The deceased had the usual $10,000 policy. In the complaint it is alleged total permanent disability from date of discharge, December 19, 1918, and payment of premiums until August 30, 1920. Upon trial it developed that the policy lapsed within a month after discharge for nonpayment of: premiums, and that on July 1, 1920, the policy was reinstated, but again lapsed on August 30, 1920. The insured died May 12, 1927, of tuberculosis. He had been a beneficiary of the Veterans’ Bureau for several years. He made claim of total permanent disability October 23, 1926, and was rejected. Upon development of the reinstatement and lapse, the court permitted an amendment to the complaint to accord with the proofs. The original policy was made payable to the insured’s mother and sister, and on August 5, 1925, he canceled all “previous designations of…