FLEMING v. EMPLOYERS MUTUAL LIABILITY INS. CO. OF WIS.

No. 30.

153 S.E.2d 60 (1967)

269 N.C. 558

F. T. FLEMING, Sr. v. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN.

Supreme Court of North Carolina.

March 1, 1967.


Attorney(s) appearing for the Case

Redden, Redden & Redden, Hendersonville, for plaintiff appellant.

William J. Cocke, Asheville, B. Boyd Massagee, Jr., Hendersonville, for defendant appellee.


PLESS, Justice:

The obligation of Riegel Textile Mills to pay the plaintiff has not be determined either by judgment, or "by written agreement of the insured, the claimant and the company". Under the terms of the policy the above is a condition precedent to any claim or action against the defendant. It also provides that the terms of the policy cannot be "waived or changed, except by endorsement issued to form a part of this policy, signed by an executive officer...

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