Simmons v. United States

MURPHY, District Judge.

Defendant moves for summary judgment in an action wherein plaintiff 1 beneficiary seeks to recover on a National Service Life Insurance Policy, 38 U.S. C.A. § 801 et seq. Death of the insured was inflicted by the Commonwealth of Pennsylvania as a lawful punishment for the crime 2 of murder. Section 612 of the Act, 38 U.S.C.A. § 812, provides, 3 “ * * * No insurance shall be payable for death inflicted as a lawful punishment for crime or for military or naval offense, except when inflicted by an enemy of the United States; * *.” Absent any such statutory or contractual…