WARD v. DURHAM LIFE INS. CO.

No. 309A88.

381 S.E.2d 698 (1989)

325 N.C. 202

Hazel M. WARD v. DURHAM LIFE INSURANCE COMPANY.

Supreme Court of North Carolina.

July 26, 1989.


Attorney(s) appearing for the Case

Stephen A. Graves, Washington, for plaintiff-appellant.

Young, Moore, Henderson & Alvis, P.A. by Robert C. Paschal and Theodore S. Danchi, Raleigh, for defendant-appellant.


EXUM, Chief Justice.

This is an action to recover proceeds allegedly due under a life insurance policy issued by defendant on the life of plaintiff's deceased husband. Refusing to pay the proceeds, defendant relies on what it contends are material misrepresentations made in the application for the policy. The question is whether on the factual showing made at the hearing defendant is entitled to summary judgment on the material misrepresentation defense. The Court...

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