Legal Opinion

Kirkley v. Merrimack Mutual Fire Insurance

Supreme Court of North Carolina

Decided June 9, 1950No. 524PublishedCited by 18 opinions

1Opinion of the CourtDenny, J.

Does damage to the wooden frame of the plaintiff’s station wagon caused by wood-boring insects, entering at an unknown time and in an unknown manner and remaining therein for an unknown period, constitute direct and accidental damage or loss, as contemplated under the provisions of the comprehensive loss or damage clause of the automobile insurance policy issued to the plaintiff by the defendant? This question in our opinion must be answered in the negative.

The so-called comprehensive coverage policy is written for the purpose of including all property damages to an automobile resulting from…

2Cases cited15 opinions

  1. United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
  2. Crowell v. Maryland Motor Car InsuranceSupreme Court of North Carolina · 1915
  3. Jolley v. Jefferson Standard Life InsuranceSupreme Court of North Carolina · 1930
  4. McCain v. Hartford Live Stock InsuranceSupreme Court of North Carolina · 1925
  5. Fletcher v. Security Life & Trust Co.Supreme Court of North Carolina · 1941

10 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Wachovia Bank & Trust Co. v. Westchester Fire InsuranceSupreme Court of North Carolina · 1970
  2. Beth Cosey v. The Prudential Insurance CompanyCourt of Appeals for the Fourth Circuit · 2013
  3. McDowell Motor Co. v. New York Underwriters InsuranceSupreme Court of North Carolina · 1951
  4. Avis v. Hartford Fire Insurance CompanySupreme Court of North Carolina · 1973
  5. Iowa Mutual Insurance Co. v. Fred M. Simmons, Inc.Supreme Court of North Carolina · 1962

13 more not listed; retrieve them via the Exa API.

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