United States v. McClure, 305 U.S. 472 (1939)

United States v. McClure

No. 154

Argued December 8, 1938
Decided January 3, 1939
305 U.S. 472

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

1. A veteran allowed his yearly renewable term insurance to lapse by failing to pay the premium due in February, 1919, when he was suffering from a compensable disability for which compensation was not collected. In December, 1929, when he became permanently and totally disabled, there remained compensation due him sufficient to pay all premiums due on the lapsed policy. Held that his insurance was revived under § 305 of the World War Veterans’ Act, which provides for revival of lapsed insurance by application to premium of compensation due. P. 473.

This is not inconsistent with § 301, which provides generally for conversion of yearly renewable term insurance by July 2, 1927, and declares that "all yearly renewable term insurance shall cease on July 2, 1927, except when death or total permanent disability shall have occurred before July 2, 1927."

2. Although § 305 of the Act, and § 304, dealing with reinstatement of yearly renewable term insurance and prohibiting such reinstatement after July 2, 1927, both emanated from a single section in an earlier Act, they are to be regarded as distinct parts of the later statute, having been separated by Congress in order to provide for the individual treatment that has been given reinstatement as distinguished from revival of lapsed policies. The separation indicates an intended change. P. 477.

3. A proviso is to be read as referring, presumably, to the provision to which it is attached. P. 478.

95 F.2d 744 affirmed.

Certiorari, post, p. 582, to review a judgment which reversed a judgment of the District Court dismissing an action on a war risk insurance policy. Upon the death of the assured, who brought the action for disability benefits, the present respondent was substituted, as administratrix and individually, and sought by her amended complaint to recover both total permanent disability benefits and death benefits. The case was tried without a Jury.