United States v. Tarrer

BRYAN, Circuit Judge.

Appellee, as beneficiary under a war risk term insurance policy, sued and recovered judgment based on the total and permanent disability of the insured during the life of the policy. Errors assigned on the overruling of appellant’s demurrer to the petition, and the denial of its motion for a directed verdict, present the questions (1) whether appellee’s claim as beneficiary was barred by 38 USCA § 445, and whether there was sufficient proof that the insured was suffering from total and permanent disability while the insurance was in force.

The policy lapsed on July 1,…