Legal Opinion

Guy v. U. S. Casualty Co.

Supreme Court of North Carolina

Decided December 15, 1909PublishedCited by 7 opinions

Appeal by plaintiff from Justice, J., September Term, 1909, of McDowell. Tbe facts are stated in tbe opinion of tbe Court.

1Opinion of the CourtClark, C. J.

Tbis is an action upon a'health-insurance policy, begun before a justice of tbe peace, for eight weeks’ indemnity, at $10 per week, on account of plaintiff’s sickness. Tbe policy requires tbat “written notice of sucb disease be given by tbe insured or bis attending physician to tbe company at its borne office within ten days of its contraction.”

In some cases, especially in certain diseases, tbe condition of tbe patient may be such, by reason of bis mental condition or violent physical suffering, that be cannot give the notice. In such cases the rule intimated in Williams v. Casualty Co. (this…

2Cited by7 opinions

  1. Swann v. Atlantic Life InsuranceSupreme Court of Virginia · 1931
  2. Rhyne v. Jefferson Standard Life Insurance Co.Supreme Court of North Carolina · 1929
  3. Levitt v. New York Life InsuranceSupreme Court of Iowa · 1941
  4. Wyche v. . Insurance Co.Supreme Court of North Carolina · 1934
  5. Bovedeau v. Boston Casualty Co.Massachusetts Supreme Judicial Court · 1930

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