GRAHAM v. RESERVE LIFE INSURANCE COMPANY

No. 529.

161 S.E.2d 485 (1968)

274 N.C. 115

John H. GRAHAM v. RESERVE LIFE INSURANCE COMPANY.

Supreme Court of North Carolina.

June 14, 1968.


Attorney(s) appearing for the Case

Teague, Johnson, Patterson, Dilthey & Clay, Raleigh, for plaintiff appellee.

Young, Moore & Henderson, Raleigh, for defendant appellant.

Atty. Gen. T. Wade Bruton and Staff Atty. Christine Y. Denson for the State, amicus curiae.


SHARP, Justice.

Defendant's denial of liability to plaintiff is based upon the contentions (1) that plaintiff has incurred no expense for his hospitalization at Eastern because it is a State hospital where "he was entitled to receive, and did receive, treatment and maintenance free of charge"; (2) that its policy is a contract of indemnity against loss, and plaintiff has shown no out-of-pocket expense; and (3) that to the extent Eastern attempts to collect...

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