Hart v. United States

District of Columbia Court of Appeals

Hart v. United States

1 D.C. 195

CourtDistrict of Columbia Court of Appeals

DecidedJuly 1, 1933

DocketLaw No. 79342

StatusPublished

This text of 1 D.C. 195 (Hart v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hart v. United States, 1 D.C. 195 (D.C. 1933).

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Opinion

MEMORANDUM OPINION

PROCTOR, J.

On demurrer to second plea:

In my opinion, the policy, as to disability, only insures against such as becomes total and permanent while the policy is in force. Hence, there can be no recovery for total and permanent disability occurring before the effective date of the policy. The plea demurred to relates to the scope of coverage, and does not contest the validity of the policy. Therefore, the plea does not infringe the incontestability provision of the law concerning war risk insurance policies. It presents a good defense. Accordingly the demurrer will be overruled.

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MEMORANDUM OPINION

PROCTOR, J.

On demurrer to second plea:

In my opinion, the policy, as to disability, only insures against such as becomes total and permanent while the policy is in force. Hence, there can be no recovery for total and permanent disability occurring before the effective date of the policy. The plea demurred to relates to the scope of coverage, and does not contest the validity of the policy. Therefore, the plea does not infringe the incontestability provision of the law concerning war risk insurance policies. It presents a good defense. Accordingly the demurrer will be overruled.

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Bluebook (online)

1 D.C. 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hart-v-united-states-dc-1933.