Mikell v. United States

PARKER, Circuit Judge.

This is an appeal in a war risk insurance case in which verdict was directed for the government. Two points are presented by the appeal; (1) That the policy sued on did not lapse prior to the death of the insured because the government was indebted to him in an amount which, if applied in payment of premiums, would have continued the policy in force beyond his death; and (2) that, on the date when the government contends the policy lapsed for nonpayment of premiums, it had matured by reason of the total and permanent disability of the insured.

On the first point the facts…