Karas v. United States

MURPHY, District Judge.

Defendant moves with supporting affidavit for summary judgment1 in an action on a National Service Life Insurance policy,2 38 U.S.C.A. § 801 et seq., on the ground that the policy lapsed for non-payment of premium, was not reinstated, and therefore not in force at the time of the death of the insured.

When the policy was last reinstated, the two monthly premiums tendered therewith were allocated by the Veterans Administration,3 one to the prior month of grace, the other to the month of application, as of the anniversary date of the policy.

Plaintiff contends the policy…