LOVELL v. ROWAN MUT. FIRE INS. CO.

No. 7919SC508.

264 S.E.2d 743 (1980)

Betty D. LOVELL, Plaintiff, v. ROWAN MUTUAL FIRE INSURANCE COMPANY and Graham M. Carlton, Substituted Trustee, Defendants. ROWAN MUTUAL FIRE INSURANCE COMPANY, Third-Party Plaintiff, v. Robert J. LOVELL, Third-Party Defendant.

Court of Appeals of North Carolina.

April 15, 1980.


Attorney(s) appearing for the Case

Coughenour, Linn & Short by W. C. Coughenour, Salisbury, for plaintiff-appellant.

Carlton & Rhodes by Graham M. Carlton, Salisbury, for defendants-appellees.


MORRIS, Chief Judge.

This case presents a question of first impression in this State; i. e. whether an innocent wife can recover under an insurance policy issued to her husband insuring property owned by them as tenants by the entirely when the loss by fire was occasioned by the intentional burning of the property by the husband. The answer must be governed by the application of the law relating to tenancies by the entirety as well as the provisions of the policy...

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