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Supreme Court — Part 5
Page 14
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SUPREME COURT OF THE UNITED STATES.
Nos. 855 and 861.—Ocroper Term, 1933.
On Certiorari to the
United States Circuit
Court of Appeals for the
Fifth Circuit.
} On Certiorari to the
United States Circuit
861 vs
. , : Court of Appeals for the
United States of America. i Seventh Circuit.
Margaret Shea Lynch, Petitioner,
855 vs,
United States of America. |
Sam Wilner, Petitioner,
[June 4, 1934.]
Mr. Justice BranbDuis delivered the opinion of the Court.
These cases, which are here on certiorari, present for decision
the same question. In each, the plaintiff is the beneficiary under
a policy for yearly renewable term insurance’ issued during the
World War pursuant to the War Risk Insurance Act of October 6,
1917, ¢, 105, Article IV, §§ 400-405. The actions were brought in
April, 1933, in federal district courts to recover amounts alleged to
be due. In each case it is alleged that the insured had, before
September 1, 1919 and while the policy was in force, been totally and
permanentiy disabied; that he was entitied to compensation suffi-
cient to pay the premiums on the policy until it matured by death;
that no compensation had ever been paid; that the claim for pay-
ment was presented by the beneficiary after the death of the in-
sured; that payment was refused; and that thereby the disagree-
ment arose which the law makes a condition precedent to the right
to bring suit. In No. 855, which comes here from the Fifth Cir-
cuit, the insured died November 27, 1924. In No. 861, which
tSection 404 provides: ‘‘That during the period of war and thereafter
until converted the insurance shall be term insurance for successive terms of
one yeaT each. Not later than five years after the date of the termination of
the war as declared by proclamation of the President of the United States,
the term insurance shall be converted, without medical examination, into such
form or forms of insurance as may be prescribed by regulations and as the
insured may request. Regulations shall provide for the right to convert into
ordinary life, twenty payment life, endowment maturing at age sixty-two,
and into other usual forms of insurance. . . .’?
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