United States v. Smith

HEALY, Circuit Judge.

The suit is on a policy of war risk insurance issued to appellee’s ward, insuring against death or total permanent disability occurring during the life of the policy. 38 U.S.C.A. § 445. The trial below resulted in a verdict and judgment against the United. States.

The insurance lapsed for nonpayment of premiums on December 31, 1919, unless on or prior to that date the insured became totally and permanently disabled within the- meaning of the statute. The *912government’s main contention on the appeal is there was no substantial proof of total and permanent disability prior to…