DAYAL v. PROVIDENT LIFE AND ACC. INS. CO.

No. 8314SC1244.

321 S.E.2d 452 (1984)

Manjit K. DAYAL and Gurbachan S. Dayal v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY.

Court of Appeals of North Carolina.

November 6, 1984.


Attorney(s) appearing for the Case

Walker, Lambe & Crabtree by Guy W. Crabtree, Durham, for plaintiffs.

Newsom, Graham, Hedrick, Bryson, Kennon & Faison, by James L. Newsom and Joel M. Craig, Durham, for defendant.


WELLS, Judge.

The policy of insurance on which plaintiff sued contained an exclusion "for treatment of bodily injuries arising from or in the course of any employment." The trial court in rendering judgment for defendant, concluded that the accident which caused plaintiff Manjit Dayal's injuries did not "arise from" Dayal's employment, but did occur "in the course" of such employment. We disagree, and therefore reverse.

The identical exclusionary language...

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