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SPARROW v. AMERICAN FIRE & CASUALTY COMPANY

No. 307.

89 S.E.2d 800 (1955)

243 N.C. 60

I. J. SPARROW, Jr., trading as Sparrow's Super Market, v. AMERICAN FIRE & CASUALTY COMPANY (Original Party Defendant) and Commercial National Bank of Kinston, North Carolina (Additional Party Defendant).

Supreme Court of North Carolina.

November 2, 1955.

Attorney(s) appearing for the Case

LaRoque & Allen, Kinston, for plaintiff, appellant.

White & Aycock, Kinston, for defendant Ins. Co., appellee.

JOHNSON, Justice.

The plaintiff insists that he is entitled to recover under the comprehensive clause—"Coverage F," which binds the insurance company to pay for "any direct and accidental loss of or damage to the automobile. * * *" However, to recover under this clause, it is noted that the loss or damage must be both "direct" and "accidental." In the case at hand, the facts agreed establish no element of "accidental" loss or damage as that term is commonly...

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