GREENWAY v. NORTH CAROLINA FARM BUR. MUT. INS.

No. 7717SC135.

241 S.E.2d 339 (1978)

35 N.C. App. 308

James E. GREENWAY and wife, Alice F. Greenway v. NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY and William A. Pleasant.

Court of Appeals of North Carolina.

February 21, 1978.


Attorney(s) appearing for the Case

Ramsey, Hubbard & Galloway by Mark Galloway, Roxboro, for plaintiffs-appellants.

Henson & Donahue by Perry C. Henson and Ronald G. Baker, Greensboro, for defendant-appellee, North Carolina Farm Bureau Mut. Ins. Co.

Jordan, Wright, Nichols, Caffrey & Hill by R. Thompson Wright, Greensboro, for defendant-appellee, William A. Pleasant.


CLARK, Judge.

The first issue raised by this appeal is whether "Unprotected Dwelling Endorsement A," providing for reduction of coverage by 25% if there were not a telephone upon the premises, was unenforceable. Plaintiffs first attack endorsement "A" on the ground that it is restrictive of the coverage provided in the standard fire insurance policy (G.S. 58-176), and therefore violates G.S. 58-177(3), which provides in pertinent part:

"A company may...

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