Fleming v. United States

HAMILTON, Circuit Judge.

This action was originally instituted January 22, 1932, by Warner W. Fleming to recover on a $10,000 war risk insurance policy issued to him on his entrance into the United States Army in February, 1918. He was discharged May 21, 1919, and died of pulmonary tuberculosis, February 4, 1936. Appellant, Mrs. Nora A. Fleming, was his beneficiary and executrix and the action was revived in her name.

The assured paid no premiums on the policy after his discharge. However, appellant contends it matured because of total and permanent disability while in the service.

On the trial…