Legal Opinion

Marshall v. Washington National Insurance Company

Supreme Court of North Carolina

Decided June 7, 1957No. 670PublishedCited by 15 opinions

1Opinion of the CourtJohnsoN, J.

Civil action to recover on a policy of accident insurance.

At the close of the plaintiff’s evidence the trial judge allowed the defendant’s motion for judgment as of nonsuit. The single question presented by the appeal is whether this ruling was correct. Decision, turns on whether the insured’s GMC pick-up truck was a “private passenger automobile of the pleasure type” within the meaning of the insurance policy sued on.

The policy provided for the payment of $2,000 to the beneficiary (the plaintiff) in case of accidental death of the insured, James C. Marshall, as a result of an injury…

2Cases cited3 opinions

  1. Spence v. Washington National InsuranceAppellate Court of Illinois · 1943
  2. Lloyd v. Columbus Mutual Life InsuranceSupreme Court of North Carolina · 1931
  3. Dirst v. Aetna Life InsuranceSupreme Court of Iowa · 1942

3Cited by15 opinions

  1. Lumbermens Mutual Casualty Co. v. Offices Unlimited, Inc.Massachusetts Supreme Judicial Court · 1995
  2. Harleysville Mutual Insurance Company Huron Insurance Company v. Kimberly Laws Packer, Terry Wayne Packer, Guardian for the Foregoing, and Terry Wayne Packer, Individually and as Guardian for Kimberly Laws Packer and Guardian Ad Litem for Stephanie Packer Willard Ray Faircloth Gladystine Faircloth Jonathan Keith Thornton Oscar Mitchell Carter Lawrence Michael Brush Ervin I. Baer, Administrator of the Estate of Sidney Ray Sheppard, Jr. Phillip J. Sheppard John C.W. Gardner Betty C. Brown, of the Estate of John H. Brown, D/B/A Sheppard Associates, a Partnership H. David Swain, Individually and D/B/A Swain Associates Stephanie Packer, Terry Wayne Packer, Guardian Ad Litem for the Foregoing, Harleysville Mutual Insurance Company Huron Insurance Company v. H. David Swain, Individually and D/B/A Swain Associates, and Terry Wayne Packer, Individually and as Guardian for Kimberly Laws Packer and Guardian Ad Litem for Stephanie Packer Willard Ray Faircloth Gladystine Faircloth Jonathan Keith Thornton Oscar Mitchell Carter Lawrence Michael Brush Ervin I. Baer, Administrator of the Estate of Sidney Ray Sheppard, Jr. Phillip J. Sheppard John C.W. Gardner Betty C. Brown, of the Estate of John H. Brown, D/B/A Sheppard Associates, a Partnership Kimberly Laws Packer, Terry Wayne Packer, Guardian for the Foregoing Stephanie Packer, Terry Wayne Packer, Guardian Ad Litem for the ForegoingCourt of Appeals for the Fourth Circuit · 1995
  3. Kirk v. Nationwide Mutual Insurance CompanySupreme Court of North Carolina · 1961
  4. Thomas v. Farm Bureau Mutual Insurance Co. of Idaho, Inc.Idaho Supreme Court · 1960
  5. Concord General Mutual Insurance Company v. HillsDistrict Court, D. Maine · 1972

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