Insurance—Assignment of Policy Benefits to Veterans’ Administration

The United States brought action against an insurance corporation to recover benefits under a contract of insurance assigned by the insured to the Administrator of Veterans’ Affairs. Under the contract the defendant agreed to pay the insured according to a schedule of benefits for “expenses actually incurred” because of poliomyelitis. During the policy term the insured was stricken with this disease, and being a veteran, he applied for admission to a Veterans’ Administration hospital. He was granted admission upon his execution of an assignment to the Administrator of Veterans’ Affairs of all claims for medical expenses which he might have raised against defendant by virtue of the insurance contract. Defendant denied any liability under the assignment. Held: the insured had not actually incurred any expenses and therefore had no rights under the contract which could be assigned