Fineberg v. State Farm Fire & Casualty Co.

ARNOLD, Chief Judge.

The sole question presented by plaintiff’s appeal is whether the trial court erred in granting summary judgment in favor of the defendant. The trial court granted summary judgment on the basis that plaintiff failed to comply with all conditions precedent under his insurance policy in failing to submit to an examination under oath. The trial court relied in part on this Court’s opinion in Baker v. Independent Fire Insurance Company, 103 N.C. App. 521, 405 S.E.2d 778 (1991), in making its determination. In Baker, the insured’s case against the insurer was dismissed because…