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FERRARA v. UNITED STATES

February 23, 1950

FERRARA
v.
UNITED STATES



The opinion of the court was delivered by: PINE

This cause having come on for trial before the court, without a jury, on the 11th day of January, 1950, a trial by jury having been expressly waived in writing by the parties; and it appearing to the court that the only controversy in this cause is whether the special dividend to be declared by the Administrator of Veterans Affairs for payment to the estate of the deceased insured in this case may be applied, retroactively, to the payment of the premiums in default on his $ 10,000 policy of National Service Life Insurance so as to maintain it in force and effect up to the date of his death.

And the court having duly considered the pleadings, the stipulation of the parties, the evidence, the briefs filed by the parties, and the argument of counsel, and being advised in the premises, hereby makes the following findings of fact and conclusions of law:

 Findings of Fact.

 I.

 II.

 That prior to the institution of this action, by letter dated January 23, 1947, from Messrs. Muccia and Muccia, attorneys at law, New York City, a claim was filed on behalf of the plaintiff for the death benefits under the said policy and that the said claim was denied by the Board of Veterans Appeals in a decisions rendered April 29, 1948.

 III.

 That the plaintiff was born in Italy on July 22, 1893.

 IV.

 That at the time of the trial, on January 11, 1950, evidence was produced by the plaintiff showing that the Veterans Administration had computed the amount of the special dividend to be declared by the Administrator of Veterans Affairs for payment under the said policy of National Service Life Insurance to be the sum of $ 203.50; that as of the date of the trial the Administrator of Veterans Affairs had not made any official declaration concerning the payment of a special dividend to the estate of the deceased insured, Mario J. Ferrara, but the court takes judicial notice of the fact that after the date of the trial the Veterans Administration began, effective January 16, 1950, issuing checks in payment of the special dividends due to the holders of policies of National Service Life Insurance, or to their estates in those cases in which the veterans had previously died.

 Conclusions of Law.

 I.

 That the court has jurisdiction of the subject matter of this litigation and ...


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