JONES v. ALL AMERICAN LIFE INS. CO.

No. 372A84.

325 S.E.2d 237 (1985)

Mildred JONES v. ALL AMERICAN LIFE INSURANCE COMPANY.

Supreme Court of North Carolina.

January 30, 1985.


Attorney(s) appearing for the Case

Frank W. Ballance, Jr., Warrenton, for plaintiff-appellant.

Allsbrook, Benton & Knott by J.E. Knott, Jr., Roanoke Rapids, and Battle, Winslow, Scott & Wiley, P.A. by J. Brian Scott, Rocky Mount, for defendant-appellee.


MEYER, Justice.

The Court of Appeals held that although the plaintiff did not fit the statutory definition of "slayer" under N.C.G.S. § 31A-3(3), because she had not been convicted of killing Hilliard, the defendant's evidence to the effect that plaintiff killed or procured the killing of the insured nevertheless gave rise to a common law defense to plaintiff's claim for life insurance proceeds. This common law defense was held to survive the enactment of N.C...

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