ALEXANDER v. PILOT LIFE INS. CO.

No. 842SC1175.

331 S.E.2d 249 (1985)

Syble ALEXANDER, as Administratrix of the Estate of Archie Coleman Alexander v. PILOT LIFE INSURANCE COMPANY.

Court of Appeals of North Carolina.

July 2, 1985.


Attorney(s) appearing for the Case

Michael A. Paul and Carter, Archie and Hassell by Sid Hassell, Jr., Washington, for plaintiff-appellee.

Rodman, Holscher and Francisco by Edward N. Rodman, Washington, for defendant-appellant.


WEBB, Judge.

The defendant assigns error to the denial of its motions for summary judgment and for a peremptory instruction as to its defense of an exclusion from the coverage under the policy. These two assignments of error present the same question. That question is whether the jury could only conclude from the evidence that the plaintiff's claim is barred by a provision in the policy which excludes coverage for a pre-existing condition and defines a pre-existing...

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