BURKETTE v. GEORGIA INTERN. LIFE INS. CO.

No. 768SC628.

232 S.E.2d 490 (1977)

32 N.C. App. 464

Wesley Lee BURKETTE and wife, Elizabeth F. Burkette v. GEORGIA INTERNATIONAL LIFE INSURANCE COMPANY.

Court of Appeals of North Carolina.

March 2, 1977.


Attorney(s) appearing for the Case

Turner & Harrison by Fred W. Harrison, Kinston, for plaintiffs-appellants.

Wallace, Langley, Barwick, Llewellyn & Landis by P. C. Barwick, Jr., Kinston, for defendant-appellee.


PARKER, Judge.

The only question presented is whether summary judgment for defendant was properly entered. We hold that it was.

No genuine issue exists between the parties as to the terms of the policy or the date it was issued. Plaintiffs alleged in their complaint that the male plaintiff became disabled within the meaning of the policy on 25 June 1974. However, in response to defendant's request for admissions, plaintiffs admitted that in June 1974, the...

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