Langley v. DURHAM LIFE INSURANCE CO. OF RALEIGH, NC

Defendant assigns as error the denial of its timely motion (s) for judgment of nonsuit. In passing upon this assignment, the admitted opinion testimony of Harvey, whether competent or incompetent, must be considered. Early v. Eley, 243 N.C. 695, 700, 91 S.E. 2d 919, and cases cited; Kientz v. Carlton, 245 N.C. 236, 246, 96 S.E. 2d 14.

“Where ... a policy provides for indemnity for injuries inflicted by external, violent, ‘and’ accidental means, to support a recovery it must be shown not only that the means were external and violent, but also that they were accidental — that is, all three tests…