Nusbaum v. United States

PALMIERI, District Judge.

Libelant sues as administrator of the insured’s estate to recover under a Crew ■ Life & Injury Policy issued by the United States under the provisions of The Merchant Marine Act, 46 U.S.C. § 1128, 46 U.S.C.A. § 1128. The Government has excepted to the libel on the ground that it is barred by the applicable stat-. ute of limitations., The insured seaman lost his life when his ship was torpedoed an'd sunk on October 29, 1942. Suit under the policy was instituted on October 14, 1955. On its face, therefore, the action clearly is barred by the two-year limitation of § 5…