CHADWICK v. AETNA INSURANCE COMPANY

No. 7021DC481.

176 S.E.2d 352 (1970)

9 N.C. App. 446

Kelly A. CHADWICK, t/a Chadwick Thruway Jewelers v. AETNA INSURANCE COMPANY.

Court of Appeals of North Carolina.

September 16, 1970.


Attorney(s) appearing for the Case

Powell & Powell, by Harrell Powell, Jr., Winston-Salem, for plaintiff.

Womble, Carlyle, Sandridge & Rice, by Allan R. Gitter, Winston-Salem, for defendant.


BROCK, Judge.

The crux of defendant's appeal lies in its eighth assignment of error which asserts error in the trial court's construction of the exclusionary provision of the policy quoted above. The trial judge instructed the jury, in effect, that it was not to be concerned whether the loss was an "unexplained loss" or a "mysterious disappearance" unless it was disclosed on taking inventory. He clearly instructed the jury that the provision of the policy quoted above...

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