121 F.2d 98 | D.C. Cir. | 1941
This is a suit brought by the guardian of an insane veteran to recover total permanent disability benefits under a contract of yearly renewable term insurance issued to the veteran during his military service in the World War. The complaint alleges that the insured became permanently and totally disabled from and after (1) January 1, 1921, or (2) September 30, 1923, or (3) May 1, 1924, or (4) February 24, 1926, when his insurance was in full force and effect by operation of law, the words “by operation of law” referring to the statutory provisions for the revival of lapsed insurance.
The United States answered, denying all material allegations of the complaint, and further answered that the causes of action alleged were res judicata, “in that Beulah M. Pippin, guardian of Robert W. Pippin, sued the United States in the District Court of the United States for the Eastern District of Tennessee under this same $10,000 war risk insurance contract in which permanent and total disability was alleged
In support of this conclusion, the court relied on Beloit v. Morgan, 7 Wall. 619, 19 L.Ed. 205, and United States v. California & Oregon Land Co., 192 U.S. 355, 24 S.Ct. 266, 48 L.Ed. 476.
We are, therefore, of opinion that the case comes under the rule announced by us in Vincent v. United States, 64 App.D.C. 178, 76 F.2d 428, in which we followed the decision of the Supreme Court in Larsen v. Northland Transp. Co., 292 U.S. 20, 25, 54 S.Ct. 584, 585, 78 L.Ed. 1096, where it is said: “The established rule in this Court is that if in a second action between the same parties, -a claim or demand different from the one sued upon in the prior action is presented, then the judgment in the former cause is an estoppel ‘only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.’ ”
This rule, which has been applied time and again by the Supreme Court,
We can think of no rule of law
Reversed.
Sec. 305, World War Veterans’ Act, 1924, as amended, 38 U.S.C.A. § 516, which provides that where an insured has permitted a policy lapse while suffering from a compensable disability for which he has not received compensation, then the amount due shall be applied to maintain the policy in force in whole or in part dependent on the amount unpaid. The complaint in this case alleges that there was uncollected compensation due insured under a rating of the Veterans’ Bureau sufficient to keep the insurance in effect.
See. 305, World War Veterans’ Act, 1924, as amended, 38 U.S.O.A. § 516, which provides that where an insured has permitted a policy lapse while suffering from a compensable disability for which he has not received compensation, then the amount due shall be applied to maintain the policy in force in whole or in part dependent on the amount unpaid. The complaint in this case alleges that there was uncollected compensation due insured under a rating of the Veterans’ Bureau sufficient to keep the insurance in effect.
Chicot County Drainage Dist. v. Baxter State Bank, 308 U.S. 371, 378, 60 S. Ct. 317, 84 L.Ed. 329, is to the same effect.
Bates v. Bodie, 245 U.S. 520, 526, 38 S.Ct. 182, 62 L.Ed. 444, L.R.A.1918C, 355; United States v. Moser, 266 U.S. 236, 241, 45 S.Ct. 66, 69 L.Ed. 262; United Shoe Mach Corp. v. United States, 258 U.S. 451, 458, 42 S.Ct. 363, 66 L.Ed. 708.