United States v. Thompson

FAHY, Circuit Judge.

The United States appeals from summary judgment in favor of appellee for the amount found to be due under a National Service Life Insurance policy. The policy had been reinstated after lapse for non-payment of a premium. The insured veteran thereafter died, and appellee Thompson, plaintiff below, is the principal beneficiary named in the policy. The United States contends that on the undisputed facts the District Court should have found that reinstatement of the policy had been procured by the fraud of the insured and accordingly judgment should have been entered for the…