BRANDON v. NATIONWIDE MUT. FIRE INS. CO.

No. 7927SC860.

265 S.E.2d 497 (1980)

Boyce L. BRANDON v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY.

Court of Appeals of North Carolina.

May 6, 1980.


Attorney(s) appearing for the Case

Jim R. Funderburk, Gastonia, for plaintiff-appellant.

Hollowell, Stott & Hollowell by Grady B. Stott, Gastonia, for defendant-appellee.


HILL, Judge.

Four questions are submitted to this Court for review. Although all appear to merit consideration, we conclude another issue is dispositive of the case at this time: Can an insurance company exercise sole discretion in accepting or refusing a proof of loss tendered under the provisions of the policy. We think not.

The plaintiff appellant in his complaint alleged:

Paragraph 9. That on several occasions prior to August 17, 1975, employees...

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