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HIATT v. AMERICAN INSURANCE COMPANY

No. 669.

109 S.E.2d 185 (1959)

250 N.C. 553

Herman M. HIATT and wife, Susie W. Hiatt, and Workmen's Federal Savings and Loan Association, Inc., v. AMERICAN INSURANCE COMPANY.

Supreme Court of North Carolina.

June 12, 1959.

Attorney(s) appearing for the Case

Woltz, Woltz & Faw, G. Ray Motsinger, Mount Airy, for plaintiffs.

McLendon, Brim, Holderness & Brooks, L. P. McLendon, Jr., C. T. Leonard, Jr., Greensboro, for defendant.

DENNY, Justice.

The appellants' first assignment of error is directed to her Honor's conclusion of law, "that the securing of additional insurance by one of the named insureds on the afternoon before the fire, without any notice or knowledge on the part of the defendant, constituted a breach of the `total insurance' clause of the Dwelling and Contents Form of the policy and voided the defendant's policy coverage on the...

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