KLEIN v. AVEMCO INS CO.

No. 70.

220 S.E.2d 595 (1975)

289 N.C. 63

Henry J. KLEIN, Administrator of Natalie Lisiewicz Klein, Substitute Plaintiff, v. AVEMCO INSURANCE COMPANY.

Supreme Court of North Carolina.

December 17, 1975.


Attorney(s) appearing for the Case

Vaughn S. Winborne, Raleigh, for plaintiff appellant.

Smith, Anderson, Blount & Mitchell by C. Ernest Simons, Jr., Raleigh, for defendant appellee.


COPELAND, Justice.

Plaintiff first contends that since the plaintiff had paid $268.10 (seventh-tenths of the total annual premium) the policy should remain in effect for seven-tenths of the year or 255 days, which according to plaintiff's calculation would mean the policy would continue in force until 28 September 1973, some two months past the date of loss. Further, plaintiff contends under his theory that, even if you disregard the last payment, the policy would...

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