Crews v. United States

EVANS, Circuit Judge.

This action was brought by plaintiffs to • i • ,. recover on a war risk insurance policy issued to Flannell Smith, who enlisted in the United States servic„e> August 1, 1918, was discharged, July 25, 1919, and died, June 18, 1921. His death was due to pulmonary tuberculosis, although during the latter part of his life he suffered from other serious afflictions,

Insured paid no premiums on his policy after his discharge in 1919. Plaintiffs, however, attempted to prove that the insured was totally and permanently disabled within the meaning of the policy from the date of his…