Evans v. Occidental Life Insurance Co. of North Carolina

Plaintiff-appellant, Emmanuel Evans (“Evans”), sued Occidental Life Insurance Company of North Carolina (“Occidental”) to collect $30,000 of life insurance claimed payable to him as beneficiary under a policy on the life of Evans’ wife, Evelyn L. C. Evans (“Evelyn”). On motion, Occidental was granted summary judgment by the trial court. Evans alleges in the first assignment of error that the court erred in granting summary judgment, and in the second, that the court erred in admitting for consideration under the motion for summary judgment both the testimony of Evelyn’s treating physician and…