Betterly v. United States

Third Circuit

Betterly v. United States

199 F.2d 205, 1952 U.S. App. LEXIS 3311

Court of Appeals for the Third Circuit·Decided October 21, 1952·No. 10728_1·Published

Opinion

PER CURIAM.

In this suit by the beneficiary of a naional service life insurance policy the district court concluded that the policy had lapsed for nonpayment of premiums prior to the death of the insured and was therefore not in force when he died. Judgment was accordingly rendered for the government and the beneficiary has appealed. Her contention is that the acknowledgment by the Veterans Administration of the receipt of $6.40 on its Form 367B was a receipt for the premium due for the month in which the insured died and raised a presumption that all prior premiums had been paid. We are satisfied, however, that the evidence supports the findings of the district court that the paper relied on by the plaintiff, Form 367B, was not such a premium receipt and that the premiums for the preceding ten months had not in fact been paid. The evidence is fully discussed in the opinion of the district court filed by Chief Judge Watson, 102 F.Supp. 454, and need not be detailed here.

The judgment of the district court will be affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

In this suit by the beneficiary of a naional service life insurance policy the district court concluded that the policy had lapsed for nonpayment of premiums prior to the death of the insured and was therefore not in force when he died. Judgment was accordingly rendered for the government and the beneficiary has appealed. Her contention is that the acknowledgment by the Veterans Administration of the receipt of $6.40 on its Form 367B was a receipt for the premium due for the month in which the insured died and raised a presumption that all prior premiums had been paid. We are satisfied, however, that the evidence supports the findings of the district court that the paper relied on by the plaintiff, Form 367B, was not such a premium receipt and that the premiums for the preceding ten months had not in fact been paid. The evidence is fully discussed in the opinion of the district court filed by Chief Judge Watson, 102 F.Supp. 454, and need not be detailed here.

The judgment of the district court will be affirmed.

Betterly v. United States, 199 F.2d 205, 1952 U.S. App. LEXIS 3311 (3d Cir. 1952).

Pincite

199 F.2d 205 (Betterly v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related