Madeline Wilkinson v. United States

CLARK, Chief Judge.

The widow of a soldier killed in Korea appeals from a district court order dismissing her action for the proceeds of her husband’s Government insurance on the ground that the courts lack jurisdiction to review the Veterans’ Administration decision that the soldier’s mother was the true beneficiary. Judicial review is precluded by 38 U.S.C. § 11a-2 unless the automatic free insurance provided the deceased by the Servicemen’s Indemnity Act of 3 951, 65 Stat. 33, 38 U.S.C. § 851, created a “contract of insurance” in the meaning of 38 U.S.C. § 445. 1 The trial court held,…