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WILLIFORD v. PENNSYLVANIA THRESHER. & F. M. CAS. INS. CO.

No. 239.

135 S.E.2d 37 (1964)

261 N.C. 48

Eve Pearson Bailey WILLIFORD v. PENNSYLVANIA THRESHERMEN & FARMERS MUTUAL CASUALTY INSURANCE COMPANY.

Supreme Court of North Carolina.

March 18, 1964.

Attorney(s) appearing for the Case

Narron, Holdford & Holdford, by William H. Holdford, Wilson, for plaintiff appellee.

Battle, Winslow, Merrell, Scott & Wiley, by Robert L. Spencer, Rocky Mount, for defendant appellant.

PER CURIAM.

The parties agreed the policy sued on provided coverage only for direct and accidental loss of, or damage to, the insured vehicle. The defendant stressfully contends the court committed error in refusing to submit a separate issue whether the fire resulted from accident. The court in its charge, however, gave the defendant the benefit of both its defenses:

"So the question for you to determine is whether there was a fire to her vehicle prior to...

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