Legal Opinion

Bowes v. North Carolina Farm Bureau Mutual Insurance

Court of Appeals of North Carolina

Decided June 18, 1975No. 759DC143PublishedCited by 2 opinions

1Opinion of the Court

CLARK, Judge.

The trial court submitted the issue of liability to the jury on the principles of friendly versus hostile fires. Our research of reported opinions discloses that heretofore no previous case has been so submitted to the jury in this State. Therefore, before we review the various assignments-' of error brought forward in reference to the instructions, we shall discuss the general application and definitional limits' of the doctrine.

The friendly fire-hostile fire distinction arose as an interpretative rule to find what was the actual contemplation of the parties to a fire insurance…

2Cases cited3 opinions

  1. Way v. Abington Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1896
  2. Baum v. North River InsuranceSupreme Court of North Carolina · 1931
  3. Barcalo Manufacturing Co. v. Firemen's Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1965

3Cited by2 opinions

  1. Scott v. ALLSTATE INDEMNITY COMPANYDistrict Court, N.D. Ohio · 2006
  2. Karadontes v. Continental Ins. Co.New Jersey Superior Court Appellate Division · 1976

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