DAVES v. UNION MUTUAL INS. CO. OF PROVIDENCE

No. 6829SC378.

164 S.E.2d 195 (1968)

3 N.C. App. 82

Leon DAVES and Gladys Daves v. UNION MUTUAL INSURANCE COMPANY OF PROVIDENCE.

Court of Appeals of North Carolina.

Certiorari Denied January 21, 1969.


Attorney(s) appearing for the Case

Ramsey & White, by William R. White, Brevard, for plaintiff appellees.

Williams, Williams & Morris by William C. Morris, Jr., Asheville, for defendant appellant.


MORRIS, Judge.

The defendant's sole contention is that the trial judge should have allowed its motion for nonsuit. Its argument is based on two contentions: one, that the plaintiffs did not comply with the terms of the policy in that they did not file written notice or a sworn proof of loss; and, two, that its uncontradicted evidence shows that the policy of insurance was canceled as of 2 December 1965.

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