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

No. 8916SC729.

389 S.E.2d 840 (1990)

98 N.C. App. 13

Robert E. KINLAW v. NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY.

Court of Appeals of North Carolina.

April 3, 1990.


Attorney(s) appearing for the Case

Musselwhite, Musselwhite and McIntyre by James W. Musselwhite, Lumberton, for plaintiff-appellee.

Anderson, Cox, Collier and Ennis by J. Thomas Cox, Jr., Wrightsville, for defendant-appellant.


EAGLES, Judge.

Defendant first contends that the trial court erred in denying its motion for summary judgment on the issue of whether the alleged misrepresentation in the application was material and prejudicial. Defendant argues that at the time of its motion for summary judgment, there existed no material issue of fact. Defendant's agent, Shirley Swett, stated in her affidavit that she was familiar with the procedure utilized in completing a homeowners' policy and...

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