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PRUITT v. GREAT AMERICAN INSURANCE COMPANY

No. 238.

86 S.E.2d 401 (1955)

241 N.C. 725

Woodrow P. PRUITT v. GREAT AMERICAN INSURANCE COMPANY, New York, and The Wachovia Bank and Trust Company.

Supreme Court of North Carolina.

March 30, 1955.

Attorney(s) appearing for the Case

W. H. McElwee, Jr., North Wilkesboro, for plaintiff, appellee.

Trivette, Holshouser & Mitchell, North Wilkesboro, and Joyner & Howison, Raleigh, for defendant, appellant, Great American Ins. Co., New York.

PARKER, Justice.

There are no allegations of fraud or of mutual mistake. Therefore, "the written policy is conclusively presumed to express the contract it purports to contain." Floars v. Aetna Life Insurance Co., 144 N.C. 232, 56 S.E. 915, 916: See also State Distributing Corp. v. Travelers Indemnity Co., 224 N.C. 370, at page 374, 30 S.E.2d 377. Lacking such allegations this suit is upon the Certificate of Insurance as written. Burton v. Life & Casualty Ins...

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