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BLACKMAN v. LIBERTY LIFE INSURANCE COMPANY

No. 602.

123 S.E.2d 467 (1962)

256 N.C. 261

C. W. BLACKMAN, Administrator of H. M. Blackman, Deceased, Avis McKee Blackman, widow of H. M. Blackman, Deceased, Hilton Register and wife, Nettie Register, Maxine Blackman King, Carolyn Blackman Gore, Minor, Ida Lee Blackman, Minor, Marlene Blackman, Minor, and Gayle Blackman, Minor, said Minors appearing by their Next Friend Avis McKee Blackman, v. LIBERTY LIFE INSURANCE COMPANY, Peoples Savings & Loan Association, Whiteville, N. C., and F. M. Smith.

Supreme Court of North Carolina.

January 12, 1962.

Attorney(s) appearing for the Case

Edward L. Williamson, Whiteville, for plaintiffs, appellants.

D. Jack Hooks, Proctor & Proctor, Whiteville, Poisson, Marshall, Barnhill & Williams, by Lonnie B. Williams, Wilmington, for defendants, appellees.

HIGGINS, Justice.

The court properly sustained the demurrers for failure of the complaint to state a cause of action in tort based on the negligent failure to deliver the insurance policy. The cause, however, is still pending. The plaintiffs may amend, and allege and prove, if they can, a cause of action in contract upon the ground the policy of mortgage redemption insurance was duly applied for, issued, and delivered to the Peoples Savings & Loan Association...

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