FEDORONKO v. AMERICAN DEFENDER LIFE INS. CO.

No. 835SC1009.

318 S.E.2d 244 (1984)

John Pete FEDORONKO and Jerry Fedoronko, Jr., Co-Executors of the Estate of Elsie Peterson Fedoronko Hardwick v. AMERICAN DEFENDER LIFE INSURANCE COMPANY and First Citizens Bank and Trust Company.

Court of Appeals of North Carolina.

July 17, 1984.


Attorney(s) appearing for the Case

Moore & Biberstein by R.V. Biberstein, Jr., Burgaw, for plaintiffs.

Smith, Moore, Smith, Schell & Hunter by Ted R. Reynolds and Maria J. Mangano, Raleigh, for defendant American Defender Life Insurance Company.


WHICHARD, Judge.

DEFENDANT'S APPEAL

Defendant contends the trial court erred in denying its motions for directed verdict and judgment notwithstanding the verdict. The parties stipulated to plaintiffs' prima facie case; the issue thus became defendant's affirmative defense of suicide.

Defendant's motion for judgment notwithstanding the verdict must be judged by the same standard applicable to its motion for directed verdict. Dickinson v...

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