HENDRIX v. ALL AMERICAN LIFE & CAS. CO.

No. 7923SC363.

261 S.E.2d 270 (1980)

44 N.C. App. 513

Harley H. HENDRIX v. ALL AMERICAN LIFE AND CASUALTY COMPANY.

Court of Appeals of North Carolina.

January 8, 1980.


Attorney(s) appearing for the Case

Vannoy, Moore & Colvard by J. Gary Vannoy, North Wilkesboro, and Gregory & Joyce by Dennis R. Joyce, Wilkesboro, for plaintiff-appellee.

McElwee, Hall, McElwee & Cannon by William C. Warden Jr., North Wilkesboro, for defendant-appellant.


HARRY C. MARTIN, Judge.

Defendant argues on appeal, inter alia, that the trial court erred in failing to instruct the jury that plaintiff's disabling condition must be one that has lasted or would last twenty-four months under the terms of the policy. Defendant's basic position is that as a matter of law plaintiff failed to prove total disability under the policy. We hold defendant is precluded from raising this objection on appeal.

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