HICKS v. DURHAM LIFE INSURANCE COMPANY

No. 7426DC726.

209 S.E.2d 846 (1974)

23 N.C. App. 725

Eleanor HICKS v. DURHAM LIFE INSURANCE COMPANY.

Court of Appeals of North Carolina.

November 20, 1974.


Attorney(s) appearing for the Case

James B. Ledford and Richard A. Cohan by Richard A. Cohan, Charlotte, for plaintiff appellee.

Hedrick, McKnight, Parham, Helms, Warley & Kellam by Richard T. Feerick, Charlotte, for defendant appellant.


BALEY, Judge.

The only issue before this Court is whether the policy provision excluding death from "homicide or intentional act of another person" applies to the uncontroverted facts of this case. Defendant contends that because Phillips pleaded guilty to involuntary manslaughter, a degree of homicide under G.S. § 14-18, the exclusion is applicable and plaintiff is not entitled to recover for the death of her husband. We do not agree with this narrow interpretation...

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