United States v. Searls

PARKER, Circuit Judge.

This is an appeal from a judgment in favor of plaintiffs, who are beneficiaries under a policy of war risk insurance issued to one Dolph C. Searls, who died April 22,1922. Insured was honorably discharged from the army May 13, 1919, and paid no premiums after his discharge. The grace period kept the policy operative to and including June 30, 1919, and the question in the case is whether he was totally and permanently disabled at that time.

There was evidence on the part of plaintiffs showing that insured had a bad cough when he came home from the army and that this cough…