SETZER v. OLD REPUBLIC LIFE INSURANCE COMPANY

No. 311.

126 S.E.2d 135 (1962)

257 N.C. 396

Junior B. SETZER v. OLD REPUBLIC LIFE INSURANCE COMPANY.

Supreme Court of North Carolina.

June 15, 1962.


Attorney(s) appearing for the Case

Richard A. Williams and Martin C. Pannell, Newton, for plaintiff appellant.

Craighill, Rendleman & Clarkson and John R. Ingle, Charlotte, for defendant appellee.


SHARP, Justice.

The appeal presents this question: Does the complaint allege a cause of action for reformation on the grounds of fraud? Mutual mistake is eliminated by Paragraph X of the complaint which is as follows:

"X. That the defendant knew the policy to be issued pursuant to the plaintiff's application on or about January 20, 1960 would not provide indemnity coverage for loss of either hand."

The mistake...

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