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HARDY v. INTEGON LIFE INS. CORP.

No. 8617SC969.

355 S.E.2d 241 (1987)

Mary M. HARDY, Individually; Mary M. Hardy, as Executrix of the Estate of Paul Harrison Hardy; and the Estate of Paul Harrison Hardy v. INTEGON LIFE INSURANCE CORPORATION.

Court of Appeals of North Carolina.

May 5, 1987.

Attorney(s) appearing for the Case

Frazier, Frazier and Mahler by Harold C. Mahler and James D. McKinney, Greensboro, for defendant-appellant.

Max D. Ballinger, Greensboro, for plaintiff-appellee.

WELLS, Judge.

Defendant assigns error to the court's submission to the jury of the issue of materiality. We agree in principle.

It is settled in this State that an insurer may avoid his obligations under an insurance contract by showing that the insured made false representations in his application and that the misrepresentations were material. Tolbert v. Insurance Co., 236 N.C. 416, 72 S.E.2d 915

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