WALL v. DIAMOND STATE LIFE INSURANCE COMPANY

No. 7025DC346.

175 S.E.2d 602 (1970)

L. H. WALL, Administrator of the Estate of Geneva E. Wall, Deceased, v. DIAMOND STATE LIFE INSURANCE COMPANY, a Corporation and Family Finance and Acceptance Corporation of Winston-Salem, N. C.

Court of Appeals of North Carolina.

August 5, 1970.


Attorney(s) appearing for the Case

L. H. Wall, Lenoir, for plaintiff-appellant.

Wilson & Palmer, by Hugh M. Wilson, Lenoir, for defendants-appellees.


VAUGHN, Judge.

The only real question presented by the appeal is whether the provisions of the policy contained in the "AGE LIMIT" clause are rendered inoperative by the provisions contained in the "TIME LIMIT ON CERTAIN DEFENSES" clause. To this question our answer is no.

Where a policy provides that in the event of misrepresentation as to age, the contract will be adjusted so as to pay the amount actually due under the insured's correct age. It is generally...

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