PENNELL v. SECURITY INSURANCE COMPANY

No. 7321SC310.

197 S.E.2d 240 (1973)

18 N.C. App. 465

Edith Sink PENNELL v. SECURITY INSURANCE COMPANY and New Amsterdam Casualty Company.

Court of Appeals of North Carolina.

June 13, 1973.


Attorney(s) appearing for the Case

White & Crumpler by Michael J. Lewis, Winston-Salem, for plaintiff appellant.

Hudson, Petree, Stockton, Stockton & Robinson by James H. Kelly, Jr., Winston-Salem, for defendant appellees.


HEDRICK, Judge.

The trial judge in substance, if not in form, allowed the defendants' motion for summary judgment.

The affidavit of defendants' Claims Manager, filed in support of their motion for summary judgment, tended to show that plaintiff had failed to comply with the requirements of the policy relating to filing a signed and sworn proof of loss, "and further, that the defendants have never waived the one-year limitation of action clause in the policy...

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