and conditions published under authority of the Act, shall constitute the contract'. (Italics ours.) On the reverse side, it provided:
'This certificate is issued as evidence that National Service Life Insurance, in the amount specified, has been granted the individual named, subject to the provisions of The National Service Life Insurance Act of 1940, and subsequent amendments.'
8. On August 16, 1944, Anna Rodgers filed a claim for benefits under authority of the Act with the Veterans' Administration.
9. The claim was disallowed by a decision of the Insurance Claims Counsel, an agency of the Veterans' Administration, rendered on February 17, 1945 (reaffirmed on June 21, 1945). Mrs. Rodgers' attorney of record was notified of the decision by letters from the Director of Insurance dated March 24, and May 21, 1945.
10. On May 10, 1945, this action was brought.
11. The records of the Veterans' Administration show that effective May 31, 1943, the deduction of Six and 40/100 Dollars ($ 6.40) from the deceased's service pay for the payment of monthly premiums was discontinued.
12. The premiums on the contract of insurance have been paid through July 28, 1943. Thereafter no premiums were paid by or on behalf of the deceased.
13. The grace period under the contract of insurance expired with the thirty-one days immediately following July 29, 1943.
14. There has been no waiver of the payment of premiums on the part of the United States with respect to the contract of insurance.
15. Anna Rodgers died on May 26, 1948, and Norman Rodgers, her widower, and step-father of the deceased, has been substituted as plaintiff in this action.
16. The plaintiff has stood in loco parentis to the deceased since he was six years old.
Conclusions of Law
1. This court has jurisdiction of the parties and the subject matter of this action.
2. The contract of insurance lapsed with the expiration of August 29, 1943, for non-payment of premiums.
3. During the entire period of his total disability, which began on September 21, 1943, and at the time of his death, James L Buckley was not insured under the authority of the National Service Life Insurance Act of 1940, as amended, because such events occurred after the contract of insurance had lapsed.
4. The plaintiff is not entitled to recover in this action.
Accordingly, the Clerk of the District Court may enter an order for judgment in favor of the defendant.