Myers v. United States

HULEN, District Judge.

Plaintiff sues to have a life insurance policy issued to him by defendant while he was in the military service declared to be in force with premiums waived, because his failure to make timely application for waiver of premiums was due to circumstances beyond his control. See Title 38 U.S.C.A. § 802(n).1 There is no issue as to total disability of plaintiff, or that total disability has continued for more than six months, or that the total disability commenced while the insurance was in force and prior to insured’s sixtieth birthday. Plaintiff did not make application for…