Ball v. United States

ALLEN, Circuit Judge.

The District Court, on motion of the Government, dismissed appellant’s petition filed July 28, 1937, seeking to enforce payment of benefits under a contract of war risk insurance which on July 1, 1919, had lapsed for nonpayment of premiums. The order of dismissal, here appealed from, was based upon the ground that the action was not brought within the time limited by Title 38, Section 445, U.S.C., 38 U.S.C.A. § 445, which reads as follows:

“In the event of disagreement as to claim * * *, under a contract of insurance between the Veterans’ Administration and any person or…