Adams v. STATE CAPITAL LIFE INSURANCE COMPANY

CAMPBELL, Judge.

There was no dispute as to the facts involved, and since there was not presented any genuine issue as to any material fact, summary judgment was the correct procedure. G.S. 1A-1, Rule 56.

An application for insurance is a mere offer, which must be accepted before a contract of insurance can come into existence. Silence and inaction do not amount to an acceptance of an offer. No inference or presumption of acceptance can be drawn from mere delay or inaction by the insurer in passing on the application in the absence of additional circumstances. Bryant v. Insurance Co., 253 N.C.…