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NOVAK v. UNITED STATES

Civ. A. 8973.

107 F.Supp. 151 (1952)

NOVAK et ux. v. UNITED STATES.

United States District Court W. D. Pennsylvania.

September 15, 1952.

Attorney(s) appearing for the Case

Clair D. Moss, of Pittsburgh, Pa., and Louis G. Feldmann, of Hazleton, Pa., for plaintiffs.

Irwin A. Swiss, Asst. U. S. Atty., of Pittsburgh, Pa. and Joseph A. Lowther, of the Department of Justice, Washington, D. C., for defendant.

BURNS, District Judge.

Section 602(n) of the National Service Life Insurance Act of 1940, 38 U.S.C.A. § 802(n) has been interpreted by several courts in other circuits. They have held that, when an insured has lost the right to a waiver of premiums by his own inaction, his beneficiary cannot posthumously revive and exercise a right no longer existent. See Scott v. United States, 5 Cir., 1951, 189 F.2d 863, certiorari denied 1951...

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