Huggins v. Hartford Insurance
District Court, E.D. North Carolina
1Opinion of the Court
ORDER
DUPREE, District Judge.
Following a six-day trial of this action on a fire insurance policy which ended in a hung jury and mistrial the defendant insurance company timely renewed its motion for directed verdict pursuant to Rule 50(b), F.R.Civ.P. Without waiving any of the several grounds for the motion previously relied upon defendant presently relies only on the ground that plaintiffs’ failure to submit to an examination under oath as required by the terms of the policy prior to the institution of suit made the policy unenforceable. For the reasons to follow the motion will be denied.
The…
2Cases cited13 opinions
- Great American Insurance v. C. G. Tate Construction Co.Supreme Court of North Carolina · 1981
- Kisting v. Westchester Fire Insurance CompanyDistrict Court, W.D. Wisconsin · 1968
- Joseph F. Kisting and Anchor Sales Co. v. Westchester Fire Insurance CompanyCourt of Appeals for the Seventh Circuit · 1969
- Ætna Insurance v. SimmonsNebraska Supreme Court · 1896
- Lentini Bros. Moving & Storage Co. v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1980
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3Cited by5 opinions
- Dennis Vanhaaren v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the First Circuit · 1993
- Baker v. Independent Fire InsuranceCourt of Appeals of North Carolina · 1991
- Dennis Vanhaaren v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the First Circuit · 1993
- VanHaaren v. State FarmCourt of Appeals for the First Circuit · 1993
- VanHaaren v. State FarmCourt of Appeals for the First Circuit · 1993