The opinion of the court was delivered by: WATSON
This is an action on a National Service Life Insurance policy issued under the National Service Life Insurance Act of 1940, as amended, 38 U.S.C.A. 801 et seq. Mrs. Frances Kammer, the named beneficiary in the policy, seeks to recover the proceeds of a policy issued to her deceased husband, Frank Kammer.
Upon agreement of counsel and the plaintiff herself, the case was heard by the Court without a jury. The Court makes the following findings of fact and conclusions of law:
1. Frank Kammer, deceased, was born in Germany on December 31, 1907, and received his education in Germany. He was married in 1936 and came to the United States in 1939.
2. Kammer entered the Armed Forces of the United States on November 6, 1943.
3. Upon application he was granted a $ 10,000 National Service Life Insurance policy on the Five Year qlevel Premium Term Plan, effective November 8, 1943, as evidenced by Contract No. N 1464 94 19.
4. The plaintiff, Frances Kammer, is the widow of Frank Kammer and is the beneficiary named in said insurance policy.
5. The insured was honorably discharged from the United States Army on January 11, 1946.
6. This policy lapsed for failure to pay the premium due on March 8, 1946.
7. On June 26, 1946, the insured executed an application for reinstatement on VA Form 353(a), and tendered two monthly premiums therewith in the amount of $ 15.40.
8. The application for reinstatement, among other things, contained the following questions and the insured's answers thereto:
'(1) Are you now in as good health as you were on the due date of the first premium in default? (Answer 'yes' or 'no') Yes.
'(2) Have you been ill, or suffered or contracted any disease, injury or infirmity, or been prevented by reason of ill health from attending your usual occupation, or consulted a physician, surgeon, or other practitioner for medical advice or treatment at home, hospital, or elsewhere, in regard to your health, since lapse of this insurance? (Answer 'yes' or 'no') No. (If 'yes' give all dates and full particulars, including the name and address of practitioner and attach to this application a certificate of the practitioner or head of the hospital where treated, with diagnosis, prognosis, and treatment if available).'
9. The application for reinstatement was approved by the Veterans' Administration and the insurance was reinstated as of June 8, 1946.
10. On January 21, 1947, the insured converted his term insurance to a 20-Year Endowment policy, retroactive to November 8, 1943, which was the original effective date of the term insurance.
11. In order to make the policy retroactive to November 8, 1943, the insured was required and did pay an initial remittance of $ 1315.10 to the Government at the time of the conversion.
12. Monthly premiums on the converted policy in the amount of $ 35.80 were timely paid from the date of conversion to February 7, 1949, or until a date subsequent to the insured's death.
13. The insured died February 4, 1949, at the Nesbitt Memorial Hospital, Kingston, Pennsylvania, from poison, ...