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FLEMING v. NATIONWIDE MUTUAL INSURANCE COMPANY

No. 23.

134 S.E.2d 614 (1964)

261 N.C. 303

Mary Katherine FLEMING, by her next friend, John C. Fleming, v. NATIONWIDE MUTUAL INSURANCE COMPANY, a corporation.

Supreme Court of North Carolina.

February 26, 1964.

Attorney(s) appearing for the Case

Van Winkle, Walton, Buck & Wall and Herbert L. Hyde, Asheville, for plaintiff.

Williams, Williams & Morris, Asheville, for defendant.

MOORE, Justice.

The principal question on this appeal is whether the court erred in granting defendant's motion for nonsuit.

The insurance policy contains the following "Conditions":

"3. In the event of an accident, occurrence or loss, written notice containing particulars * * * shall be given by or for the insured to the Company or any of its authorized agents as soon as is practicable. * * *" (Emphasis added). "6. No action shall...

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