United States v. Smith

The appellee, hereinafter referred to as the plaintiff, brought this action in the District Court of the United States for the Western District of Virginia, at Abingdon, against the defendant seeking to recover for total and permanent disability benefits under a war risk insurance policy. The plaintiff was in the military service of the United States, overseas, and a war risk insurance policy in the sum of $5,000 was issued to him on April 17, 1918. This policy continued in force until May 1, 1919, when it lapsed. While in the service and during the life of the policy, the plaintiff was…