Gibbs

United States v. Gibbs

Good Law
96 F.2d 268·1938 U.S. App. LEXIS 3474
United States Court of Appeals for the Ninth CircuitApril 25, 1938No. 8633California1,235 words

Opinion

Lead Opinion

Haney, J.

From a judgment against it in an action upon a contract of war risk term insurance, appellant prosecutes this appeal.

Appellee served as an enlisted man in the armed forces of the United States from July 9, 1917, to May 21, 1919, when he was honorably discharged.

On and prior to June 6, 1918, there was in force and effect a certificate issued by the War Risk Insurance Bureau, certifying that appellee had complied with the War Risk Insurance Act, 40 Stat. 398 , as amended, so as to entitle him and his beneficiaries to the benefits of that act and related acts. The monthly insurance premiums provided for by said act, and appropriate departmental regulations, were deducted by the government, during the term of appellee’s service, which terminated May 21, 1919.

It is alleged in the complaint that appellee at a time when such insurance was in effect, became totally and permanently disabled on June 6, 1918, by reason of gunshot wounds in the left arm, left shoulder, left elbow, left leg, right heel, ehest, and back, and arthritis, neuritis, adhesions, and pleurisy, . gas infection, gangrene poison, fibrosis, and neurosis. Appellee filed a written claim for insurance benefits with…

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