Guy v. Ætna Life Insurance

This is the same case that was before us at the last term, opinion filed 28 February, 1934, and reported in 206 N. C., 118, 172 S. E., 885.

Ample evidence of plaintiff’s permanent total disability was adduced on the hearing, but it was thought the letter offered by the plaintiff shows that no proof thereof had been furnished the company as provided by the policy. The action, therefore, was dismissed as in case of non-suit. Wyche v. Ins. Co., ante, 45. In this we think his Honor overlooked the denial of liability contained in said letter, which dispensed with the necessity of further proof.…