United States v. Shirley N. Nero

WATERMAN, Circuit Judge.

This action was brought pursuant .to 38 U.S.C.A. § 817 by the widow and beneficiary of a deceased veteran to recover the proceeds of a National Service Life Insurance policy issued in the name of her husband, John J. Nero, in the amount of $3,000. The Government defended pursuant to 38 U.S.C.A. § 802 (w) 1 on the ground that the policy sued upon, a reinstatement under 38 U.S.C.A. § 802 (y) of a lapsed policy, was void, the reinstatement having been obtained by fraud. The District Court held that the policy could not be avoided for fraud because the veteran was entitled…