THOMPSON v. HOME INS. CO.

No. 8218SC711.

303 S.E.2d 209 (1983)

Walter D. THOMPSON and wife, Rachel J. Thompson v. The HOME INSURANCE COMPANY.

Court of Appeals of North Carolina.

June 7, 1983.


Attorney(s) appearing for the Case

Short & Simpson, by W. Marcus Short, and Nichols, Caffrey, Hill, Evans & Murrelle, by Lindsay R. Davis, Jr. and Harold W. Beavers, Greensboro, for plaintiff appellants.

Tuggle, Duggins, Meschan, Thornton & Elrod, by J. Reed Johnston, Jr. and Joseph E. Elrod, III, Greensboro, for defendant appellee.


WEBB, Judge.

Plaintiffs and defendant agree that the resolution of this appeal depends on whether the plaintiffs properly executed the proof of loss. The insurance policy, as required by G.S. 58-176(c), contained the following provision:

"within sixty days after the loss, unless such time is extended in writing by this Company, the insured shall render to this Company a proof of loss signed and sworn to by the insured...."

The evidence showed that...

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