Holly v. London Assurance Co.
Supreme Court of North Carolina
Appeal by defendant from Rountree, J., at the May Term, 1915, of New HaNovee. Action brought by the plaintiff to recover of the defendant the amount of loss claimed to have been sustained on account of damage by fire to the property insured, upon a contract of insurance. The case was heard upon complaint and demurrer. From the judgment overruling the demurrer the defendant appealed.
1Opinion of the CourtBeowN, J.
Tbe policy sued on is attached to tbe complaint and is in form tbe regular standard policy authorized by tbe statutes of-this State. Among other provisions, it contains tbe following:
“No suit or action on this policy, for tbe recovery of any claim, shall be sustainable in any court of law or equity until after full compliance by tbe insured with all tbe foregoing requirements, nor unless commenced within twelve months after tbe fire.”
One of tbe grounds of demurrer is that it appears upon tbe complaint that tbe fire loss occurred 10 August, 1910, whereas, as appears upon tbe summons, this…
2Cases cited7 opinions
- Gerringer v. North Carolina Home InsuranceSupreme Court of North Carolina · 1903
- Modlin v. Atlantic Fire InsuranceSupreme Court of North Carolina · 1909
- Muse v. London Assurance Corp.Supreme Court of North Carolina · 1891
- Harvey v. Fidelity & Casualty Co.Court of Appeals for the Sixth Circuit · 1912
- Parker v. . Insurance Co.Supreme Court of North Carolina · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Brick Co. v. . GentrySupreme Court of North Carolina · 1926
- Beard v. Sovereign Lodge of Woodmen of the WorldSupreme Court of North Carolina · 1922
- Ideal Brick Co. v. GentrySupreme Court of North Carolina · 1926
- Boyd v. Bankers & Shippers Insurance CompanySupreme Court of North Carolina · 1957
- Holderness v. Hamilton Fire Ins. Co. of New YorkDistrict Court, S.D. Florida · 1944
8 more not listed; retrieve them via the Exa API.