Pittman v. Nationwide Mutual Fire Insurance

HEDRICK, Chief Judge.

Defendant contends the trial court erred in denying its motions for directed verdict and judgment notwithstanding the verdict on the grounds that the evidence established as a matter of law that plaintiff made willful and material misrepresentations to defendant insurance company. We disagree.

G.S. 58-176(c) governs defendant’s affirmative defense of material misrepresentation. The statute, in pertinent part, provides:

This entire policy shall be void if, whether before or after a loss, the insured has willfully concealed or misrepresented any material fact or circumstance…