Wiles v. Mullinax

Upon the first appeal in this matter, reported in 267 N.C. 392, 148 S.E. 2d 229, we held that, when an insurance agent or broker undertakes to procure a policy of insurance for another and is unable to do so, it is his duty to give timely notice of such failure to his customer and, if he fails to do so, he is liable for the damage which his customer suffers as the result of such lack of insurance. Upon the second appeal, reported in 270 N.C. 661, 155 S.E. 2d 246, we held that the defendants, having introduced evidence from which the jury could have found that there was in effect, at. the time…