The state herald., 1921-07-08
u. S. Supreme Court
Renders Decision on
Soldiers Insurance

The government has. to date made
total disbursement of S2264S6,S91.- :
"a in meeting both the compensation
claims of former service men disabled
by reason OF wounds, injuries or dis
ease incurred in the world war, and
the death claims of the dependents OF
those who made the supreme gacri-
flee, according to an announcement
Of Director C. r. Forbes of the Bureau
of War Risk Insurance. The dis
bursements for disability have aggre'
gated S192,677, ,5S9.4S and the death
disbursements S33,S09.S .S01S6.
For the month of May alone the
total amount disbursed by the Bur.
eau for compensation purposes was
$10,575,416, the monthly payments on
on disability compensation claims for
that period amounting to S9,145,2SS,
and the monthly payments to the de-
pendents of deceased soldiers amount
ing to S1,430,12S.00. Between June
and June 15 the bureau mailed
checks to cover the disbursement to
former service men.
The increase in the number ofclaims
filed with the bureau has exceeded
any estimate The number Of claims
filed from the inception of the Bureau
to May 1919 was 209.700 while on June
1, 1921, the number In file was 631.-
$50 showing an increase during that
period of 422.2SO. The number of
awards for death aud disability for the
first period was 41,073; the number OF
awards at the second period was $685.
415, an increase during the second
period OF 2S2.342. For the first period
the ratio was one claim pending to
every two filed: For the second period
the ratio was one claim pending to
every eight claims filed.
War risk insurance, that is, term
or contract insurance, issued by the
government as wartime measure
under the provisions Of the War Risk
Act is payable to the beneficiary
designated by the insured, but.
should this beneficiary die the Install
ments of insurance becoming payable
after his death shall be distributed in
like manner as the estate OF the in
sured. descending to the soldiers heirs
and not to the heirs of the benefici-
ary no matter whether will may
have been executed by that benefici-
ary to the contrary.
This is the substance Of the decis-
ion handed down by Federal Judge
Witmerin the case of Cassarello VS..
United States recently tried In the
District Court of the United States.
Scranton. Pennsylvania.
Lawrence Siegle. while in service
In the United States army applied
for $4,000 insurance designating as
beneficiary "step.brother Patsy Gil
ette.''
The insured died October 80, 1918.
A question as to the identity Of the
beneficiary arose. he having been
known as Patsy Giletti. Patric Gillet-
to, Patrick Chilant and other varia-
tions Of the original Italian name.
Before 1t had been established that
the designated beneficiary was full
brother of the insured soldier the
beneficiary died He left will nam
ing Salvino Cassarello as executor OF
his estate. empowered to collect the
War Risk Insurance installments
which had accrued. as well as those
those which should become due and
TO transmit these future installments
to the beneficiary's wife and dangh-
ter.
To effect this the executor brought
action against the United States.
As to the installments which had
accrued prior to the beneficiary's
deathand remaining unpaid at that
time. there was no dispute. They
passed according to the beneficiary's
will as they We're already due the ben
eficiary's estate. The contest had to
do with the installments not yet pay
able when the beneficiary died and
It was claimed by the executor that
these also were part of the benefi-
ciary's estate.
The Court. however. decided and
thereby upheld an opinion OF the Gen
eral Counsel of the Bureau of War
Risk Insurance. that beneficiary un-
der the War Risk Act is entitled to
insurance installments only so long
as he lives and that thereafter the In
surance installments must be distrib.
uted to those persons surviving the sol
dier who would be entitled to the
soldiers estate under the laws of in
testacy OF the soldiers State OF res.
idence.