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Supreme Court — Part 7
Page 52
52 / 107
“Hi, a
-- ie,
RXCERPT FROM THE CONGRESSIONAL RECORD
DATED JANUARY 84, 1935, PERTAINING To
THE FREDERICK OASE (WAR RISK INSURANCE)
“MR. HARRISON. Mr. President, I desire to bring to the attention
of the Senate a joint resolution reported unanimously yesterday
by the Finance Comittee and which is now on the calendar. ‘The
joint resolution passed the House unanimously. It ia with reference
to clarifying the definition of disagreement in section 19, World
Wer Veterans’ Act, 1924, as amended. It affects a great number
of service mon in the presentation of thelr claims. It would
permit the claims to go to trial, and the matters involved to be
Cleared up. A case went to the Supreme Court and the Veterans’
Administration and the Solicitor General of the Department ef
Justice thought the matter so important thet an arrangement was
made in the Supreme Court for the postponement of the case until
legislation could be enacted by Congress clarifying the particular
point involved,
"MR. JOHNSON. Mr. President, ean the Senator state in just a few
sentences the difficulty which has arisen end which is sought to
be sorrected by the joint resolution?
"MR. HARRISQN. Before I ask unaninous consent for the immediate
consideration of the joint resolution, J will make a brief state-
ment as to its purposes.
Suit on a sontreact of war-risk insurance may be filed under the
act of July 3, 1950, only after a disagreement exists detween the
Claimant and the Veterans’ Administration. The Administrator
of Veterans’ Affeira, in conformity with an opinion of the Acting
Attorney General of September 14, 1931, delegated authority to
finally deny elaims so an to create the required disagreement to
what is called the ‘Insurance Olaims Council of the Veterans’
Administration.* When thet souncil denled a claim the eleaimant
was notified of the denial and definitely told that that was
sufficient disagreement on which to file suit. Hundreds of eases
went to suit and judgzent on this kind of denial and where the
judgments were against the Government these judgments have been
paid. There are now pending in the courts about 8,000 suits on
war-risk insurance and about 90 percent have this same kind of
denial.
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