SHIELDS v. NATIONWIDE MUTUAL FIRE INS. CO.

No. 8017SC402.

273 S.E.2d 756 (1981)

English W. SHIELDS and Mutual Savings & Loan Association of Reidsville, North Carolina v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY.

Court of Appeals of North Carolina.

January 20, 1981.


Attorney(s) appearing for the Case

Griffin, Post, Deaton & Horsley by William F. Horsley, Reidsville, and Harrington, Stultz & Maddrey by Joseph G. Maddrey, Eden, for plaintiff-appellant.

Hudson, Petree, Stockton, Stockton & Robinson by W. Thompson Comerford, Jr., Winston-Salem, for defendant-appellee.


MORRIS, Chief Judge.

In substance, plaintiff's allegations supporting his claim for punitive damages were these: the loss by fire occurred on 6 July 1976, within the 60-day period for which the policy provided and on 25 August 1976, plaintiff, through his attorney, mailed defendant a proof of loss on a form furnished by defendant. On 13 September 1976, after the expiration of the 60-day period, a fact well known to defendant, defendant advised plaintiff that it could...

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