DUKE v. MUTUAL LIFE INS. CO. OF NEW YORK

No. 101.

210 S.E.2d 187 (1974)

286 N.C. 244

Raymond L. DUKE v. The MUTUAL LIFE INSURANCE COMPANY OF NEW YORK (a New York Corporation).

Supreme Court of North Carolina.

December 11, 1974.


Attorney(s) appearing for the Case

Dixon & Hunt by Daniel R. Dixon, Blanchard, Tucker, Denson & Cline by Charles F. Blanchard, Raleigh, for plaintiff appellee.

Smith, Anderson, Blount & Mitchell by Michael E. Weddington, Raleigh, for defendant appellant.


HIGGINS, Justice.

The parties agreed that two questions of law are involved in this appeal. The first question (involving exceptions and assignments of error) is procedural and in view of our decision on the second question, becomes immaterial and need not be discussed. The second issue is determinative of the controversy: Did plaintiff's disability require him to be under the regular care and attendance of a legally qualified physician during the period from April...

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