United States v. Fain

THOMAS, Circuit Judge.

This is an action at law to recover disability benefits under a policy of war risk insurance. The government appeals from a judgment for plaintiff, assigning as error the court’s refusal to instruct the jury to return a verdict in its favor. The single question to be determined is whether the evidence is sufficient to support the jury’s finding that the insured was totally and permanently disabled on the date of the lapse of the policy, June 30, 1922.

The testimony tends to show that the plaintiff had been a teacher for about eight years and that he appeared to be in…