STUART v. UNITED STATES FIRE INSURANCE COMPANY

No. 7320DC298.

197 S.E.2d 250 (1973)

18 N.C. App. 518

C. K. STUART et al. v. UNITED STATES FIRE INSURANCE COMPANY.

Court of Appeals of North Carolina.

June 27, 1973.


Attorney(s) appearing for the Case

Jones & Deane, by W. R. Jones, Rockingham, for plaintiff appellants.

Leath, Bynum & Kitchin, by Henry L. Kitchin, Rockingham, for defendant appellee.


BALEY, Judge.

The key question involved in this appeal is whether the insurance company had knowledge of the non-occupancy of the insured premises prior to the issuance of the insurance contract. If so, it would be estopped to assert this defense, and plaintiffs would be entitled to recover.

It is the general rule that if an insurance company has knowledge through its agent prior to the issuance of a policy of fire insurance that the premises are vacant or...

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