United States v. Patryas

EVANS, Circuit Judge.

Appellant challenges the judgment solely on the ground that the insured became totally and permanently disabled in the latter part of 1924 which was before the issuance of the converted five year policy. Its position is that the policy which was sued upon did not cover payments for total and permanent disability which occurred prior to the issuance of the policy.

The Government raises no fact question —that is, it does not here question the totality and permanency of the insured’s disability. The record probably justifies this position and would support such a finding by…