The opinion of the court was delivered by: MEANEY
This is a suit instituted by the beneficiary of National Service Life Insurance Policy No. V 3027823. Said policy was in the amount of ten thousand dollars and was issued to Aristides George Lollos, now deceased. deceased. Subsequent to the death of Lollos, the beneficiary filed a claim for the proceeds of the policy with the Veterans Administration. This claim was denied and a further appeal to the Administrator of Veterans Affairs was likewise denied. In its answer defendant alleges that the policy has lapsed due to nonpayment of premium within the thirty-one day grace period.
Trial was held and decision was reserved pending the submission of factual stipulations and briefs.
For convenience the plaintiff, Eva Lollos, will be referred to as the beneficiary, Aristides George Lollos as the assured, and Veterans Administration and United States of America as the defendant.
1. Assured, while in the service, was the holder of a five-year level term plan National Service Life Insurance Policy for which the premium was $ 6.40 per month.
2. The premiums on this policy were paid through October 9, 1946.
3. Payment for the premium due November 9, 1946 was not directly made to the Veterans Administration.
4. On December 3, 1946, assured made application to convert the five-year level term policy to a twenty-payment life policy. With this application he mailed a check in the amount of $ 26.
5. On May 26, 1947, the defendant informed the assured by letter that the conversion had been effected as of December 9, 1946. The monthly premium for this policy was $ 19.60.
6. The remainder of the remittance of December 3, 1946 (the sum of $ 6.40) was applied as payment for the premium due on November 9, 1946.
7. Premiums were subsequently received through September 8, 1947.
8. The premium due on September 9, 1947 was not received by the defendant within the thirty-one day grace period.
9. A check in the required amount, dated October 16, 1947, was received by the defendant on October 28, 1947.