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COUNCIL v. METROPOLITAN LIFE INS. CO.

No. 7828DC906.

256 S.E.2d 303 (1979)

42 N.C. App. 194

James W. COUNCIL v. METROPOLITAN LIFE INSURANCE COMPANY.

Court of Appeals of North Carolina.

July 3, 1979.

Attorney(s) appearing for the Case

Long, McClure, Hunt & Trull by Robert G. McClure, Jr. and David E. Matney, III, Asheville, for plaintiff-appellant.

Van Winkle, Buck, Wall, Starnes, Hyde & Davis by O. E. Starnes, Jr., Asheville, for defendant-appellee.

HEDRICK, Judge.

Plaintiff first contends that the defendant is estopped from denying that the plaintiff is "totally disabled so as to be wholly prevented from engaging in any and every gainful occupation for which he is reasonably fitted by education, training, or experience" as defined in the insurance policy provision attached to the Complaint, on the grounds that the defendant initially denied benefits because of plaintiff's failure to qualify for Social Security...

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