Ward v. Durham Life Insurance

Judge PARKER

dissenting.

Believing as I do that the facts of this case are not distinguishable from Thomas-Yelverton Co. v. Insurance Co., 238 N.C. 278, 77 S.E. 2d 692 (1953), Inman v. Woodmen of the World, 211 N.C. 179, 189 S.E. 496 (1937) and McCrimmon v. N.C. Mutual Life Ins. Co., 69 N.C. App. 683, 317 S.E. 2d 709, disc. rev. denied, 312 N.C. 84, 322 S.E. 2d 175 (1984), I respectfully dissent.

*293In Thomas-Yelverton, supra, the Court stated:

The rule with respect to the knowledge of an agent being imputable to his principal is well stated ... in the following language: “In the absence of fraud or…