WELLS v. N. C. FARM BUREAU MUT. INS. CO.

No. 793SC25.

258 S.E.2d 831 (1979)

43 N.C. App. 328

David W. WELLS and wife, Nancy Wells v. NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY.

Court of Appeals of North Carolina.

October 16, 1979.


Attorney(s) appearing for the Case

Nelson W. Taylor, III, Morehead City, for plaintiffs-appellees.

Hamilton, Bailey & Coyne by H. Buckmaster Coyne, Jr., Morehead City, for defendant-appellant.


HILL, Judge.

Although 21 exceptions were taken by the defendant, only six questions were brought forward. Of these, the principal question is whether or not the defendant had waived the sixty and ninety-day unoccupancy/vacancy clauses of the policy. The jury, by its verdict, so found, and we must decide if the matter as a matter of law should have been permitted to go to the jury.

In looking to the questions of whether or not the unoccupancy/vacancy clauses...

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