Gardner v. Carolina Insurance

Tbe contract between plaintiff and defendant is in tbe standard form prescribed by statute. G.S. 58-177. Tbe rights and liabilities of both parties under tbe policy must be ascertained and determined in accord witb its terms. Zibelin v. Insurance Co., 229 N.C. 567, and cases cited.

Under tbe terms of tbe policy tbe plaintiff was required to file witb defendant proof of loss witbin sixty days after tbe fire occurred, and tbe policy provides that unless tbis proof is filed witbin tbe prescribed period no suit may be maintained on tbe policy. Tatham v. Ins. Co., 181 N.C. 434, 107 S.E. 450;…