Atkinson v. United States

BREWSTER, District Judge.

Plaintiff, a World War Veteran, applied for and was granted war risk insurance in the sum of $10,000. $3,000 of term insurance was converted into ordinary life insurance. The balance of $7,000 was allowed to lapse August 1, 1923.

On March 30, 1931, the plaintiff filed a claim for the benefits under the lapsed policy with the Veterans’ Administration. On May 14, 1931, before any action was taken upon this claim, suit was instituted in this court to recover upon the term insurance contract. This action was dismissed without prejudice on October 25, 1937, The claim was…