Hollrich v. United States

4 Citing cases

  1. Hollrich v. United States

    49 F.2d 445 (D. Idaho 1931)   Cited 3 times

    Judgment for plaintiff. See, also, 40 F.2d 739. CAVANAH, District Judge.

  2. United States v. Weaver

    86 F.2d 372 (4th Cir. 1936)   Cited 2 times

    Jurisdiction has been conferred upon the courts to hear and determine all claims arising under these war risk insurance policies where there has been a disagreement between the claimant and the Bureau. 38 U.S.C.A. ยง 445. And, while the finding of the Bureau as to the right of an insured to compensation on account of disability is binding upon the courts (Silberschein v. U.S., 266 U.S. 221, 225, 45 S.Ct. 69, 69 L.Ed. 256; Crawford v. U.S. [C.C.A.2d] 40 F.2d 199), the effect of such finding upon the reinstatement of the policy is a matter for the courts to determine, as is also the question as to whether the insured was or was not at that time dead or totally and permanently disabled (U.S. v. Knott [C.C.A. 6th] 69 F.2d 907; U.S. v. Hendrickson [C.C.A.10th] 53 F.2d 797, 799, 800; U.S. v. Vance [C.C.A.8th] 48 F.2d 472; U.S. v. Crowell [C.C.A.8th] 48 F.2d 475; Sprencel v. U.S. [C.C.A.5th] 47 F.2d 501; Hollrich v. U.S. [D.C.] 40 F.2d 739; Hegg v. U.S. [D.C.] 21 F.2d 622; 35 Opinions of Atty. Gen. 241). As was said by Judge McDermott, speaking for the Circuit Court of Appeals of the Tenth Circuit in the Hendrickson Case, supra: "`The appellee here is not asking for compensation; he is seeking an adjudication of his rights under his insurance contract.

  3. United States v. Ellison

    74 F.2d 864 (4th Cir. 1935)   Cited 14 times
    In United States v. Ellison, 74 F.2d 864, the Circuit Court of Appeals for the Fourth Circuit held that where the Veterans' Bureau found that the insured was suffering from a compensable disability when the policy lapsed and was awarded compensation which matured the policy then in force, that the veteran's rights under the policy were not affected by a subsequent finding as to lack of compensable disability.

    Jurisdiction has been conferred upon the courts to hear and determine all claims arising under these war risk insurance policies where there has been a disagreement between the claimant and the Bureau. 38 USCA ยง 445. And, while the finding of the Bureau as to the right of an insured to compensation on account of disability is binding upon the courts [Silberschein v. U.S., 266 U.S. 221, 225, 45 S. Ct. 69, 69 L. Ed. 256, Crawford v. U.S. (C.C.A.2d 40 F.2d 199], the effect of such finding upon the reinstatement of the policy is a matter for the courts to determine, as is also the question as to whether the insured was or was not at that time dead or totally and permanently disabled [U.S. v. Knott (C.C.A. 6th) 69 F.2d 907; U.S. v. Hendrickson (C.C.A. 10th) 53 F.2d 797, 799, 800; U.S. v. Vance (C.C.A. 8th) 48 F.2d 472; U.S. v. Crowell (C.C.A. 8th) 48 F.2d 475; Sprencel v. U.S. (C.C.A. 5th) 47 F.2d 501; Hollrich v. U.S. (D.C.) 40 F.2d 739; Hegg v. U.S. (D.C.) 21 F.2d 622; 35 Opinions of Atty. Gen. 241]. As was said by Judge McDermott, speaking for the Circuit Court of Appeals of the Tenth Circuit in the Hendrickson Case, supra: "The appellee here is not asking for compensation; he is seeking an adjudication of his rights under his insurance contract.

  4. United States v. Hendrickson

    53 F.2d 797 (10th Cir. 1931)   Cited 13 times

    A claim was defended on the same ground in Idaho, and again without success. Hollrich v. United States (D.C.) 40 F.2d 739; Id. (D.C.) 49 F.2d 445. The contention was presented to the Fifth Circuit Court of Appeals, and held to be without merit (Sprencel v. United States, 47 F.2d 501); and still later to the Eighth Circuit Court of Appeals, with similar result. United States v. Vance, 48 F.2d 472.