Garvin v. United States

This is an appeal in a war risk insurance case in which verdict was directed for the government; and the only question which it presents is whether there was sufficient evidence of total and permanent disability during the period for which premiums were paid to take the case to the jury on that issue. We agree with the judge below that there was not.

Insured was unquestionably suffering from tuberculosis at the time that his policy lapsed; but there is no evidence which would justify the conclusion that at that time the disease had reached such stage as to constitute total and permanent…