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MOORE v. UNION FIDELITY LIFE INS. CO.

No. 7721DC118.

239 S.E.2d 859 (1978)

Maxine V. MOORE, as Executrix of the Estate of Allan Pratt Moore, and Maxine V. Moore, Individually v. UNION FIDELITY LIFE INSURANCE COMPANY.

Court of Appeals of North Carolina.

January 17, 1978.

Attorney(s) appearing for the Case

Thomas J. Keith, Winston Salem, for plaintiff.

Hudson, Petree, Stockton, Stockton & Robinson by James H. Kelly, Jr. and Grover Gray Wilson, Winston Salem, for defendant.

MARTIN, Judge.

At the outset, we recognize and adhere to the general rule that in an action to recover proceeds under a policy insuring against death by accident or accidental means, the burden is upon the plaintiff to show that the insured's death resulted from accident or accidental means within the terms of the policy. Barnes v. Insurance Co., 271 N.C. 217, 155 S.E.2d 492 (1967); Warren...

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