NATIONWIDE LIFE INS. CO. v. OJHA

No. 8411SC363.

324 S.E.2d 292 (1985)

NATIONWIDE LIFE INSURANCE COMPANY v. Kanti C. OJHA.

Court of Appeals of North Carolina.

January 15, 1985.


Attorney(s) appearing for the Case

Spence & Spence by Robert A. Spence, Jr., Smithland, for plaintiff-appellee.

Albert A. Corbett, Jr., Smithfield, for defendant-appellant.


BECTON, Judge.

In this action by Nationwide Life Insurance Company (Nationwide) to have two of its life insurance policies declared null and void based upon the admitted misrepresentation by the insured of his health status, we conclude that the trial court properly determined that the policies were "contestable" and properly entered summary judgment for Nationwide.

Facts

On 19 November 1980, after Dr. Brij Ojha, the insured, signed an application...

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