Claiming that he is permanently and totally disabled as the
result of wounds received from bursting shrapnel at Chateau
Thierry, Leo L. Covey of Cherokee, Ia, a discharged soldier, is
suing the United States government for $22,950.40 in collection
of his $10,000 war risk insurance policy and for damages which he
alleges were guaranteed him at the time of his enlistment in case
he was permanently disabled. Covey is wearing the fouragerre, a
French decoration for citation for bravery in action.
The
case is notable in that it is believed to be the first time that
any suit, has been-brought against the government for any cause
by any individual.
Heretofore such suits have been
illegal, but by virtue of the war risk insurance act passed by
congress Oct. 6, 1917, Covey claims the right to sue in case he
can come to no agreement with the insurance bureau regarding the
settlement of his claim. Attorneys state that to the best of
their knowledge this is the first case of its kind filed under
this act.
The petition in the case was filed in the
federal court for the northern district of Iowa at Sioux City.
Ia., by I.P. Cleary, a Sioux City attorney. The case is being
handled by Mr. Cleary and G.P. North, a Cherokee lawyer.
In his petition the soldier hero makes sensational charges
against the agents of the bureau of war risk insurance; and the
officials of the army. He says, "The plaintiff is informed and
believes that it is the intent and purpose of the agents of the
war risk insurance bureau and the officers of the army to delay
payment of insurance policies and to construe all cases of
disability as not being total and permanent disability and
thereby defeat the intent and purpose for which the act was
passed by congress."
Covey is hobbling about his widowed
mother's little cottage at Cherokee today wondering when the
government will come to his aid as it promised when he offered
his life in its service in the thick of battle. There was no
quibbling at that time, the soldier hero states. The boys did not
weigh the consequences but went into the fight and risked their
all without one moment of faltering. Today he can not understand
why the government does not answer his letters in regard to his
insurance. Meanwhile his aged mother is trying to make their
meager living from a small garden patch on an adjoining lot.
Despite the fact that he was wounded more than a year ago and
that he has written several letters to the bureau setting forth
his claims, he has heard nothing from the bureau in regard to the
matter, Covey asserts in his petition.
In the petition it
is alleged that it is the purpose and intent of the government to
compel wounded soldiers to accept alms from charitable
organizations, such as the Red Cross, or reenlist in the army in
order to receive any of the benefits from the insurance policies.
The notice on the back of the policy stating that it will be
unnecessary to employ an attorney or agent to collect claims from
the government. Covey says, "is false and is designed to lull the
beneficiary into positive acquiescence in the forgoing alleged
politics of the government.
With the characteristic pride
that made him too proud to stay out of the fight the Germans, the
soldier here makes it plain in his petition that he does not
desire any charity from the government "If the plaintiff is not
entitled to his claim as a matter of right under existing laws,
then he wants this petition dismissed," the petition reads.
Covey is attempting to collect $11,070.40 on his insurance
policy, being the face value of the policy and attorney fees for
the collection. He further asks a judgment against the government
for S30 a month for the remainder of his life as agreed when he
enlisted. The aggregate amount he is asking $22,930.40.
~ transcribed and submitted by a Constance for
Iowa in the Great War |