Fermin v. Veterans Administration
| Citation | 312 F.2d 554 |
| Decision Date | 27 February 1963 |
| Docket Number | No. 18185.,18185. |
| Parties | Frederick C. FERMIN, Appellant, v. VETERANS ADMINISTRATION, Washington, D. C., Appellee. |
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
Frederick Collins Fermin, San Jose, Cal., in pro. per. for appellant.
Cecil F. Poole, U. S. Atty., Robert S. Marder, Asst. U. S. Atty., San Francisco, Cal., for appellee.
Before BARNES, HAMLIN and DUNIWAY, Circuit Judges.
Appellant filed a petition for writ of mandate in the district court, seeking payment of $5,000 to him, or his mother, as term Life Insurance Benefits with interest from 1935.
Appellant's father, Frederick G. Fermin, while a member of the United States Army, made application for $5,000 Yearly Renewable Term Insurance during World War I, which was issued under Certificate T 192 61 06. Premiums of $4.10 monthly were deducted from Frederick G. Fermin's service pay through April 1920 when the allotment was discontinued. He was discharged from service April 29, 1920, at the expiration of the term of his enlistment, and he reenlisted on April 30, 1920. He remained in military service until the date of his death, January 26, 1925.
The April 1920 deduction from Frederick G. Fermin's Army pay paid the premium for the month of May. The elder Fermin made no further premium payment, either by cash or allotment, and the insurance lapsed June 1, 1920. There was no insurance in force at the time of his death.
The laws that made Yearly Renewable Term Insurance available to the servicemen of World War I contained a provision for continuing the insurance in force, in the absence of premium payment, if the insured became permanently and totally disabled. Permanent and total disability under the terms of the Yearly Renewable Term Insurance contract is defined, in substance, as any impairment of mind or body which renders it impossible for the disabled person to follow continuously any substantially gainful occupation with a reasonable certainty that it will continue throughout the life of the person suffering from it. For insurance purposes, the permanent and total disability must start while the insurance is in force and, in this case, continue until the death of the veteran.
Appellant's father was physically examined at time of discharge in April 1920. He reenlisted the day following his discharge and remained in the Army performing all duties required in active military service until his sudden death in...
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