CURRIE v. OCCIDENTAL LIFE INSURANCE CO. OF N. C.

No. 7318DC27.

194 S.E.2d 642 (1973)

17 N.C. App. 458

Temple J. CURRIE, Administratrix of Lois L. Currie, Deceased v. OCCIDENTAL LIFE INSURANCE COMPANY OF NORTH CAROLINA and General Motors Acceptance Corporation.

Court of Appeals of North Carolina.

February 28, 1973.


Attorney(s) appearing for the Case

Douglas, Ravenel, Hardy & Crihfield by John W. Hardy, Greensboro, for plaintiff appellee.

Smith, Anderson, Blount & Mitchell by John L. Jernigan, Raleigh, for defendant appellant.


GRAHAM, Judge.

"While waiver and estoppel have been held applicable to nearly every area in which an insurer may deny liability, the courts of most jurisdictions agree that these concepts are not available to broaden the coverage of a policy so as to protect the insured against risks not included therein or expressly excluded therefrom." Annot., 1 A.L.R.3rd 1139, § 2, p. 1144 (1965). Accord, Hunter v. Insurance Co., 241 N.C. 593

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