Legal Opinion

Catawba Valley MacHinery Co. v. Aetna Insurance Co.

Court of Appeals of North Carolina

Decided December 15, 1971No. 7125SC516PublishedCited by 6 opinions

1Opinion of the Court

GRAHAM, Judge.

The first question presented by this appeal is whether, at the time the machines were damaged, they were being held in trust by the insured within the meaning of paragraph 2 of the policy which includes among the property covered, “property of the Insured, or held by them in trust. ...”

We think this question must necessarily be answered in the affirmative. It is universally held that the words “held in trust,” when used in a policy of insurance, are not to be taken in their technical sense so as to limit coverage to cases where title to property is vested in a trustee, but are…

2Cases cited7 opinions

  1. Wachovia Bank & Trust Co. v. Westchester Fire InsuranceSupreme Court of North Carolina · 1970
  2. Gould Morris Electric Co. v. Atlantic Fire Insurance Co.Supreme Court of North Carolina · 1948
  3. B. N. Exton & Co. v. Home Fire & Marine InsuranceNew York Court of Appeals · 1928
  4. Powers v. Travelers InsuranceSupreme Court of North Carolina · 1923
  5. Young v. . Highway CommissionSupreme Court of North Carolina · 1925

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Hejl v. Hood, Hargett & Associates, Inc.Court of Appeals of North Carolina · 2009
  2. Akzona, Inc. v. American Credit Indemnity Co.Court of Appeals of North Carolina · 1984
  3. Drye v. Nationwide Mutual InsuranceCourt of Appeals of North Carolina · 1997
  4. Catawba Valley MacHinery Co. v. Aetna Insurance Co.Supreme Court of North Carolina · 1972
  5. In Re Krispy Kreme Doughnuts, Inc. S'holder Litig.North Carolina Business Court · 2018

1 more not listed; retrieve them via the Exa API.

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