United States v. La Favor

This action was brought by a veteran to recover $7,000 upon his war risk insurance *426 policy which lapsed April 30, 1919, for nonpayment of premium. The jury found that the veteran became totally and permanently disabled on March 21, 1919, prior to the lapsing of the policy. Judgment for plaintiffs followed. The insured reinstated $3,-000 of the lapsed term insurance which was in force until his death. He died January 11, 1932, after the commencement of this action. His widow was substituted as administratrix, and his mother, the beneficiary tmder the lapsed term insurance policy, was joined as plaintiff. The government appeals.

The government assigns error in the denial of its motion for instructed verdict in its favor. .

It is clear from the evidence that for long periods of time the veteran’s physical condition and his earning capacity had been seriously impaired. The question is whether that impairment had reached such a stage that total and permanent disability at the time of his discharge or before April 30, 1919, was reasonably certain.

At the time of his discharge and on five subsequent dates when he made application for the reinstatement of his lapsed converted…