Nelson v. Jefferson Standard Life Insurance

The defendant, at the close of plaintiff’s evidence and at the close of all the evidence, made motions for judgment as in case of nonsuit. C. S., 567. The court below overruled the motions and in this we can see no error.

In Rhyne v. Insurance Co., 196 N. C., 717, Stacey, C. J., speaking for a unanimous Court, citing numerous authorities, said, at p. 718: “It is considered by a majority of the courts that a stipulation in a contract of insurance requiring the assured, after suffering injury or illness, to perform some act, such as furnishing to the company proof of the injury or disability…