Petty v. Pacific Mutual Life Insurance

A judgment for the plaintiff upon the pleadings has the same effect as sustaining a demurrer to the answer, and requires that the defendant’s pleading shall be given the most favorable interpretation and every intendment taken against the plaintiff. Barnes v. Trust Co., 194 N. C., 371; Pridgen v. Pridgen, 190 N. C., 102.

It is necessary, therefore, to examine the allegations of the answer in accord with this rule.

After admitting the issuance of the policy sued on and the death of the insured, the defendant interposed the defense that the policy had lapsed for failure to pay the premiums due…