McELRATH v. STATE CAPITAL INSURANCE COMPANY

No. 7128DC705.

184 S.E.2d 912 (1971)

Nettie McELRATH v. STATE CAPITAL INSURANCE COMPANY.

Court of Appeals of North Carolina.

December 15, 1971.


Attorney(s) appearing for the Case

Wade Hall, Asheville, for plaintiff appellee.

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


VAUGHN, Judge.

Defendant contends that its motion for a directed verdict should have been allowed because plaintiff failed to prove that she complied with the policy provision with respect to filing proof of loss within sixty (60) days following the fire. Defendant notified plaintiff that her policy had been cancelled. Defendant continued to maintain that position in its pleadings when it alleged that the policy had been cancelled prior to the loss and that the policy...

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