Derrin v. United States

JAMES ALGER FEE, District Judge.

Harold Goodrich Derrin brought an action on a policy of War Risk Insurance which he had permitted to lapse for nonpayment of premiums in 1919, on the ground that he was then permanently and totally disabled. Issue was joined and in May, 1933, there was trial by jury in which verdict was rendered for plaintiff. The chief disability claimed was tuberculosis. The court upon review of the record found that such disability, if it had inception before the lapse of the policy in 1919, was then in an incipient stage and concluded that a verdict should have been…