Kerr

From a judgment after denial of a motion for directed verdict because (a) no disagreement existed on the claim made by the plaintiff for benefits under the policy sued on, and (,b) that there is no evidence to show total and permanent disability at any time from date of discharge, or at any other time, appeal is taken. The action was commenced upon a war risk insurance policy in the amount of $5,000. During the trial the court permitted amendment of the plaintiff upon automatic war risk insurance pursuant to the laws of the United States.

It is undisputed that appellee, enlisted and in service, September 4, 1917, while stationed at Fort Schafter, received an injury to his knee and was discharged on the 28th day of June, 1918, on a surgeon’s certificate of disability. He paid no premiums, and claims benefit of the automatic insurance as provided by the War Risk Insurance Act Oct. 6, 1917 ( 40 Stat. 398 ), as amended by Act Dec. 24, 1919 ( 41 Stat. 371 ). As to disagreement, section 19 of the World War Veterans’ Act 1924, as amended (38 USCA § 445), so far as pertinent, provides: “The term ‘claim’ as used in this section, means any writing which alleges permanent and total…