Denning v. United States

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal by the government from a judgment in favor of the administratrix of the estate of James T. Denning, who brought action to recover upon a war risk insurance policy. The judgment must be reversed ho-cause there was no substantial evidence that on May 31, when the policy lapsed for nonpayment of premiums, it was reasonably certain that the insured was permanently and totally disabled.

Denning was a soldier in the World War, and served overseas as a member of Company 101st Ammunition Train, 26th Division, He landed in France October 21, 1917, and…