United States v. Stack

This is an appeal from a judgment on a policy of war risk insurance which lapsed for nonpayment of premiums in the year 1919. Insured died of tuberculosis in the year 1925. The only question is whether insured was totally and permanently disabled at the time of the lapse of the policy, and the majority of the court are of opinion that, under the principles laid down in U. S. v. Diehl (C. C. A. 4th) 62 F.(2d) 343, and Eggen v. U. S. (C. C. A. 8th) 58 F.(2d) 616, 620, the evidence is not sufficient to sustain the conclusion that he was disabled at that time. We think that there is evidence that…