Swartzberg v. Reserve Life Insurance Company

This is an action at law to recover benefits allegedly owing under the terms of an insurance policy. It is not a controversy without action, submitted upon an agreed statement of facts for the determination of a question in difference between the parties, as' authorized by G.S. 1-250. Dowling v. R. R., 194 N.C. 488, 140 S.E. 213; Briggs v. Developers, 191 N.C. 784, 133 S.E. 3.

Absent the stipulations, the action was for trial upon evidence pertinent to the issues raised by the pleadings. The crucial issues were raised by the allegations of defendant’s further answer and defense and plaintiff’s…