CHEROKEE INS. CO. v. AETNA CAS. & SUR. CO.

No. 795SC661.

264 S.E.2d 913 (1980)

CHEROKEE INSURANCE COMPANY v. AETNA CASUALTY AND SURETY COMPANY

Court of Appeals of North Carolina.

April 15, 1980.


Attorney(s) appearing for the Case

Marshall, Williams, Gorham & Brawley by William Robert Cherry, Jr., Wilmington, for plaintiff-appellant.

Poisson, Barnhill, Butler & Britt by Donald E. Britt, Jr., Wilmington, for defendant-appellee.


ERWIN, Judge.

The application for the comprehensive general liability insurance policy issued by defendant to Sicash contained the following language: "This application contains a description of all hazards known to exist on this date and those which are likely to exist at some time during the policy period, unless otherwise stated herein."

The property referred to as Malibu Wilmington was not listed in the declaration of hazards on the liability schedule...

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