United States v. Simpson

BRYAN, Circuit Judge.

The government appeals from a judgment against it in an action on a war risk insurance policy, on the ground that the trial court erred in denying its motion for a directed verdict. The policy lapsed in July, 1919, for nonpayment of premium, unless it had then matured by reason of plaintiff’s total and permanent disability; and no claim was made under it until May, 1931, nearly 12 years after the cause of action accrued. The disability asserted was pulmonary tuberculosis, which it was shown followed an attack of influenza in 1918, during plain-: tiff’s period of…