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F & D CO. v. AETNA INS. CO.

No. 805SC1112.

280 S.E.2d 34 (1981)

F & D COMPANY v. AETNA INSURANCE COMPANY.

Court of Appeals of North Carolina.

July 7, 1981.

Attorney(s) appearing for the Case

Sperry, Scott & Cobb by Herbert P. Scott, Wilmington, for plaintiff-appellant.

Marshall, Williams, Gorham & Brawley by William Robert Cherry, Jr., Wilmington, for defendant-appellee.

HEDRICK, Judge.

Plaintiff's sole assignment of error is set out in the record as follows:

That the Court erred in finding as a fact and concluding as a matter of law that this action was barred by a limitation period set forth in the policy of insurance, and further erred by entering Judgment based upon such finding and conclusions.

Plaintiff contends that because Paragraph 11(a) under "General Conditions" in the policy in question provides that...

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