Makowski v. United States

WATSON, Chief Judge.

This is an action by the beneficiary of a life insurance policy issued by the Government under the National Service Life Insurance Act of 1940, as amended, 38 U.S.C.A. § 801 et seq. The only issue in the case was whether or not the insured was permanently and totally disabled for purpose of waiver of premiums. The case was tried twice; in the first trial the jury disagreed; in the second trial the jury found for the plaintiff. At the second trial, defendant filed a motion to dismiss at the close of plaintiff’s case, and a motion for a directed verdict at the close of…