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AVIS v. HARTFORD FIRE INSURANCE COMPANY

No. 7228DC797.

192 S.E.2d 593 (1972)

16 N.C. App. 588

Dwight E. AVIS and wife, Margaret C. Avis v. The HARTFORD FIRE INSURANCE COMPANY, a corporation.

Court of Appeals of North Carolina.

Certiorari Allowed January 18, 1973.

Attorney(s) appearing for the Case

Bennett, Kelly & Long, P. A. by Robert B. Long, Jr., Asheville, for plaintiff appellees.

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

Certiorari Allowed by Supreme Court January 18, 1973.

HEDRICK, Judge.

It is generally recognized that the liability of an insurer under an "all risk" policy is limited to losses resulting from a fortuitous event. Annot., 88 A.L.R.2d 1124 (1963). Thus the critical question raised by this appeal is whether the loss in issue was occasioned by a fortuitous event.

A fortuitous event is an event dependent on chance...

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