Rowan v. United States

MURPHY, District Judge.

Defendant moves to dismiss for lack of jurisdiction plaintiff’s action to recover on a policy which lapsed for nonpayment of premium and was never reinstated. National Service Life Insurance Act of 1940, as amended, 38 U.S.C.A. § 801 et seq. In her reply to defendant’s affirmative defense plaintiff concedes that the policy lapsed and was not reinstated but argues that the policy should have been in full force and effect at the time of death, and that the refusal by the Veterans’ Administration to reinstate was arbitrary and capricious. She points to the Veterans’…