Wells v. North Carolina Farm Bureau Mutual Insurance

HILL, Judge.

Although 21 exceptions were taken by the defendant, only six questions were brought forward. Of these, the principal question is whether or not the defendant had waived the sixty and ninety-day unoccupancy/vacancy clauses of the policy. The jury, by its verdict, so found, and we must decide if the matter as a matter of law should have been permitted to go to the jury.

In looking to the questions of whether or not the unoccupan-cy vacancy clauses — both sixty and ninety days — were violated, it appears that a violation was in existence at the date of the fire.

In the case of…