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LOVELL v. ROWAN MUT. FIRE INS. CO.

No. 35.

274 S.E.2d 170 (1981)

Betty D. LOVELL, Plaintiff, v. ROWAN MUTUAL FIRE INSURANCE COMPANY and Graham M. Carlton, Substituted Trustee, Defendants. ROWAN MUTUAL FIRE INSURANCE COMPANY, Third-Party Plaintiff, v. Robert J. LOVELL, Third-Party Defendant.

Supreme Court of North Carolina.

January 27, 1981.

Attorney(s) appearing for the Case

Coughenour, Linn & Short by W. C. Coughenour, Salisbury, for plaintiff-appellant.

Carlton, Rhodes & Wallace by Graham M. Carlton, Salisbury, for defendant-appellees.

HUSKINS, Justice:

As the Court of Appeals recognized, this case presents a question of first impression in this State. Simply stated, the issue here is whether the innocent wife can recover under an insurance policy issued to her husband, which insures property owned by them as tenants by the entirety, when the loss by fire resulted from intentional burning of the property by the husband. Relying mainly on the special incidents of a tenancy by the entirety, the Court...

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