Cable v. United States

TREANOR, Circuit Judge.

This is an appeal from the judgment of the District Court entered pursuant to an order dismissing plaintiff’s suit. Plaintiff’s suit was brought as beneficiary and ■administratrix to recover total and permanent disability and death benefits under a war risk insurance policy.”

Plaintiff’s complaint included two counts, the first based upon the alleged occurrence of total and permanent disability as of October 17, 1918, which date was prior to the discontinuance of payment of premiums by the soldier. As a result of the recent decision of the United States Supreme Court in…