Legal Opinion

Dale v. Iowa Mutual Insurance

Court of Appeals of North Carolina

Decided April 17, 1979No. 7825SC608PublishedCited by 5 opinions

1Opinion of the Court

MARTIN (Harry C.), Judge.

Plaintiffs’ principal contention is that the policy of insurance is divisible and if plaintiffs violate the policy with respect to their claim for personal property loss, it does not void the policy as to the claim for damages to the dwelling house.

The policy is a standard fire insurance policy and the statutory provisions are incorporated in it. The terms of N.C.G.S. 58-176(c) require that the standard fire insurance policy for North Carolina contain this provision:

This entire policy shall be void if, whether before or after a loss, the insured has wilfully concealed…

2Cases cited9 opinions

  1. Biggs v. Insurance Co. (North Carolina Home)Supreme Court of North Carolina · 1883
  2. Midkiff v. North Carolina Home InsuranceSupreme Court of North Carolina · 1929
  3. Claxton v. Fidelity & Guaranty Fire Corp.Mississippi Supreme Court · 1937
  4. Tredwell v. . GrahamSupreme Court of North Carolina · 1883
  5. Greene v. . Insurance Co.Supreme Court of North Carolina · 1928

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

3Cited by5 opinions

  1. Shields v. Nationwide Mutual Fire InsuranceCourt of Appeals of North Carolina · 1983
  2. Hanks v. Nationwide Mutual Fire InsuranceCourt of Appeals of North Carolina · 1980
  3. Wong Ken v. State Farm Fire & Cas. Co.District Court of Appeal of Florida · 1997
  4. Tempelis v. Aetna Casualty & Surety Co.Wisconsin Supreme Court · 1992
  5. Tempelis v. Aetna Casualty & Surety Co.Wisconsin Supreme Court · 1992

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