STAINBACK v. INVESTOR'S CONSOL. INS. CO.

No. 829SC1041.

306 S.E.2d 532 (1983)

Robert L. STAINBACK v. INVESTOR'S CONSOLIDATED INSURANCE COMPANY.

Court of Appeals of North Carolina.

September 20, 1983.


Attorney(s) appearing for the Case

Bobby W. Rogers, Henderson, for plaintiff-appellee.

Butler, High, Baer & Jarvis by Sneed High, Fayetteville, for defendant-appellant.


EAGLES, Judge.

Defendant asserts that the trial court erred in ruling that as a matter of law plaintiff was entitled to recover damages under the group hospitalization insurance policy. The dispositive issue is whether plaintiff's noncompliance with the 75% employee coverage requirement voids this group health insurance policy contract. We hold that it does not.

G.S. 58-254.4(b) provides that: "No policy or contract of group accident, group health, or group...

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