Boshart

United States v. Boshart

Good Law
91 F.2d 264·112 A.L.R. 52·1937 U.S. App. LEXIS 4200
United States Court of Appeals for the Ninth CircuitJune 21, 1937No. 8430California2,833 words

Opinion

Lead Opinion

Wilbur, J.

Amaniuel Boshart brought an action on his five-year convertible term policy for $10,000 of government life insurance issued to him April 1, 1927, alleging that he had become totally and permanently disabled April 21, 1932, and that he had made due proof of such disabilities. He prayed for disability compensation of $57.50 per month from April 21, 1932, and for the refund of all premiums paid by him subsequent to that date.

The complaint was filed December 30, 1932, and answered June 14, 1933. On December 23, 1933, the veteran died. Thereafter his widow, as administratrix of his estate, filed an amended and supplemental complaint. She alleged that the veteran became totally and permanently disabled while the converted insurance was in effect and that “by reason whereof there became due and owing Amaniuel Boshart, or his estate, the sum of $57.50 per month commencing on April 21, 1932.” She did not specifically allege that the veteran became totally and permanently disabled April 21, 1932, blit made the following allegation: “That if Amaniuel Boshart was not totally and permanently disabled on the 21st day of April, 1932, he was so disabled on the 17th day of November, 1933 and…

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