Pence v. United States, 316 U.S. 332 (1942)

Pence v. United States

No. 665

Argued March 11, 12, 1942
Decided May 11, 1942
316 U.S. 332

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Syllabus

1. In an action on a government life insurance policy, the Government is entitled to a directed verdict on the ground of fraud where material representations relating to his health made by the insured in his application for the insurance, and relied upon by the Government in issuing the policy, are clearly contradicted by statements made by him after issuance of the policy in support of claims for disability benefits; here, the later representations leave no doubt of the falsity of the earlier ones, nor of the applicant’s knowledge of their falsity, and are neither contradicted, qualified nor explained by other evidence in the case. P. 338.

2. The representations in the sworn application for government life insurance were not evidence of their own veracity when challenged as false and fraudulent. P. 339.

3. Upon the facts above stated, the requisite intent to defraud is presumed. P. 339.

121 F.2d 804 affirmed.

Certiorari, 314 U.S. 602, to review a judgment entered by the District Court on a verdict for the present petitioner in an action on a government life insurance policy. The District Court denied the Government’s motion, under Rule 50(b), for judgment notwithstanding the verdict or for a new trial.