Smith v. North Carolina Farm Bureau Mutual Insurance Co.

EAGLES, Judge.

Plaintiff argues that there was a question for the jury regarding whether his recovery was barred by his failure to comply with the policy’s proof of loss requirements and that the trial court erred in granting defendant’s motion for a directed verdict. We agree.

G.S. 58476(c) sets out the terms which must be included in the kind of fire insurance policy involved here. One of those provisions requires the insured to submit to the insurer a sworn proof of loss statement containing certain information within 60 days of the loss. Admittedly, plaintiff has failed to comply fully with…