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Supreme Court — Part 5

77 pages · May 11, 2026 · Document date: Aug 22, 1960 · Broad topic: Cold War & Communism · Topic: Supreme Court · 76 pages OCR'd
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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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