Hawkins v. North Carolina Mutual Life Ins.

(concurring in result) : Briefly stated, my reasons for concurring in the conclusion of Mr. Justice Carter’s opinion, that the judgment appealed from should be affirmed, are as follows:

The policy of insurance provided that if the insured died “during the first twelve months from date of this policy” from either one of many diseases mentioned, nephritis included, only the sum of $25.00, and not the total amount of insurance, $100.00, would be paid. The company defended on the ground, that the insured died a few days before the expiration of the twelve months’ period from nephritis, a disease…