Kern v. United States

LEWIS, Circuit Judge.

Kern brought this suit to recover benefits under what is called the Automatic Insurance provision of the War Risk Insurance Act. Section 401, Act October 6, 1917 (40 Stat. 409), provides in part:

“ * * * Any person in the active service on or after the sixth day of April, nineteen hundred and seventeen, who, while in such service and before the expiration of one hundred and 'twenty days from and after such publication, becomes or has become totally and permanently disabled or dies, or has died, without having applied for insurance, shall be deemed to have applied for and…