Hendricks v. United States

DARR, Chief Judge.

In this action a recovery is sought by the beneficiary of a National Service Life Insurance policy.

The defendant has interposed a motion to dismiss and, in the alternative, for a summary judgment.

For the purpose of this decision the facts reflect that the insured, while in the military service of the United States, obtained the policy in question on April 26, 1945, designating the plaintiff as his beneficiary. The insured was discharged from the service on February 27, 1946. The premium on the policy was payable monthly. The last premium paid was the one due March 26, 1946.…