CARTER v. GEORGIA LIFE & HEALTH INS. CO.

No. 768DC707.

233 S.E.2d 65 (1977)

32 N.C. App. 580

Linwood Earl CARTER v. GEORGIA LIFE AND HEALTH INSURANCE COMPANY.

Court of Appeals of North Carolina.

March 16, 1977.


Attorney(s) appearing for the Case

Barnes, Braswell & Haithcock, P. A., by Michael A. Ellis, Goldsboro, for plaintiff-appellant.

Taylor, Allen, Warren & Kerr by Robert D. Walker, Jr., Goldsboro, for defendant-appellee.


CLARK, Judge.

The issue upon appeal is whether the trial court was correct in concluding that plaintiff's claim was barred by the three-year period of limitation contained in the insurance contracts. Defendant contends that the period runs from the end of the ninety-day period to file proof of loss, in this case from 27 August 1972, and that when plaintiff filed his complaint on 26 September 1975, the period had run. Plaintiff contends that the period runs from the...

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