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GOODWIN v. INVESTORS LIFE INS. CO.

No. 474PA91.

419 S.E.2d 766 (1992)

332 N.C. 326

Kimberly B. GOODWIN v. INVESTORS LIFE INSURANCE COMPANY OF NORTH AMERICA and Charles Toomey d/b/a Charles Toomey Agency.

Supreme Court of North Carolina.

September 4, 1992.

Attorney(s) appearing for the Case

Newsom, Graham, Hedrick, Bryson & Kennon by David S. Kennett, Durham, for plaintiff-appellee.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by D. James Jones, Jr., Raleigh, for defendant-appellant Investors Life Ins. Co. of North America.

Jordan, Price, Wall, Gray & Jones by John R. Jordan, Jr., Robert R. Price, and R. Frank Gray, Raleigh, for amici curiae Jefferson-Pilot Life Ins. Co., Ass'n of North Carolina Life Ins. Companies, and American Council of Life Ins.

LAKE, Justice.

The issue presented by this appeal is the propriety of the trial court's failure to grant a directed verdict for defendant Investors Life Insurance Company of North America (Investors). For the reasons set forth in this opinion, we have determined that this was error, and the decision of the Court of Appeals must be reversed.

The plaintiff and her husband, Walter B. Goodwin, met with defendant Charles Toomey on 14 November 1985 for the purpose of applying for and...

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