SMITH v. N.C. FARM BUREAU MUT. INS. CO.

No. 8624SC797.

351 S.E.2d 774 (1987)

84 N.C. App. 120

Harry G. SMITH v. NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY.

Court of Appeals of North Carolina.

January 20, 1987.


Attorney(s) appearing for the Case

Glover & Petersen by James R. Glover, Chapel Hill, for plaintiff-appellant.

Morris, Golding, Phillips & Cloninger by William C. Morris, Jr. and Thomas R. Bell, Jr., Asheville, for defendant-appellee.


EAGLES, Judge.

Plaintiff argues that there was a question for the jury regarding whether his recovery was barred by his failure to comply with the policy's proof of loss requirements and that the trial court erred in granting defendant's motion for a directed verdict. We agree.

G.S. 58-176(c) sets out the terms which must be included in the kind of fire insurance policy involved here. One of those provisions requires the insured to submit to the insurer a...

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