Smith v. North Carolina Farm Bureau Mutual Insurance

MITCHELL, Justice.

The sole issue before us is whether the Court of Appeals erred in extending certain of the principles and reasoning of Great American Insurance Co. v. C.G. Tate Construction Co., 303 N.C. 387, 279 S.E. 2d 769 (1981), to a claim under a fire insurance policy, when the defense was failure of the claimant to render proof of loss as required by the terms of the policy. We affirm the Court of Appeals’ ruling.

The plaintiff, Harry G. Smith, introduced evidence at trial tending to show that he purchased a house and surrounding property in Banner Elk, North Carolina in the early…