United States v. Townsend

PARKER, Circuit Judge.

This is the second appeal by the government in the war risk insurance case, which was before us in U. S. v. Townsend, 73 F.(2d) 222. Two questions are presented: (1) Whether there was sufficient evidence of total and permanent disability during the life of the policy to sustain a verdict for plaintiffs; and (2) whether plaintiffs have, shown a “disagreement” within the meaning of the statute as prerequisite to suit. We think that both of these questions must be answered in the affirmative.

Without reviewing in detail the evidence on the second trial as to total and…