Currie v. OCCIDENTAL LIFE INSURANCE CO. OF NC

GRAHAM, Judge.

“While waiver and estoppel have been held applicable to nearly every area in which an insurer may deny liability, the courts of most jurisdictions agree that these concepts are not available to broaden the coverage of a policy so as to protect the insured against risks not included therein or expressly excluded therefrom.” Annot., 1 A.L.R. 3rd 1139, § 2, p. 1144 (1965). Accord, Hunter v. Insurance Co., 241 N.C. 593, 86 S.E. 2d 78; McCabe v. Casualty Co., 209 N.C. 577, 183 S.E. 743.

The essential question presented on this appeal is whether the age limitation provided in the…