Robinson

United States v. Robinson

Good Law
103 F.2d 713·1939 U.S. App. LEXIS 3649
United States Court of Appeals for the Ninth CircuitApril 27, 1939No. 8957California2,326 words

Opinion

Lead Opinion

Garrecht, J.

This action was brought by Jewell Robinson, as administratrix of the estate of Walter Scott Robinson, deceased, to recover total and permanent disability benefits under a contract of war risk insurance.

Walter Scott Robinson enlisted in the armed forces of the United States on October 28, 1917, and was honorably dis-. charged therefrom on July 24, 1919. While in the military service he applied for and was granted a contract of war risk insurance in the amount of $5,000 upon which premiums were paid to include July, 1919, and by reason of the grace period said contract of insurance was in full force and effect until September, 1919, upon which date no further payment of premiums having been made, the policy lapsed.

On July 2, 1924, Robinson was found to be totally and permanently disabled for insurance purposes. The Veterans’ Administration rated him, for compensation purposes, as disabled in a compensable degree from date of discharge from military service to July 2, 1924, and on that date there was due him compensation, uncollected, in the sum of $338.79. On July 2, 1924, the total unpaid premiums with, interest thereon, on said contract of insurance, were less than $338.79, so…

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