Hicks Ex Rel. Mitchell v. Home Security Life Insurance
Supreme Court of North Carolina
1Opinion of the CourtSeawell, J.
A careful study of the exceptions appearing in the record leads to the conclusion that they do not disclose reversible error. ¥e direct our attention to that phase of the case which is regarded as more important to the disposal of the appeal.
The case properly hinges upon the question of waiver: Whether the facts and circumstances of record, constituting the history of the dealings between the parties, the conduct of the insurer toward the insured, and its attitude toward the policy it issued, works a waiver of the condition which purports to render it void if at the time of its issue there is…
2Cases cited24 opinions
- Insurance Co. v. NortonSupreme Court of the United States · 1878
- Horton v. Home Insurance Co.Supreme Court of North Carolina · 1898
- Monahan v. Mutual Life InsuranceCourt of Appeals of Maryland · 1906
- Dibbrell v. Georgia Home InsuranceSupreme Court of North Carolina · 1892
- United States v. StansburySupreme Court of the United States · 1828
19 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Johnny Overstreet, Administrator of the Estate of David Wilkey, Deceased v. Kentucky Central Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 1991
- Gouldin Ex Rel. Wiley v. Inter-Ocean InsuranceSupreme Court of North Carolina · 1958
- Cullen v. Valley Forge Life InsuranceCourt of Appeals of North Carolina · 2003
- In Re Epic Mortgage Insurance LitigationDistrict Court, E.D. Virginia · 1988
- Highlands Insurance Company v. Allstate Insurance CompanyCourt of Appeals for the Fifth Circuit · 1982
19 more not listed; retrieve them via the Exa API.