Potts v. Life Insurance Co. of Virginia

Does N. C. Code, 6460, apply to the policy issued to the plaintiff ?

It must be noted that this case does not involve a limitation of the coverage clause of the policy as in Gilmore v. Ins. Co., 199 N. C., 632, 155 S. E., 566; Reinhardt v. Ins. Co., 201 N. C., 785.

The policy was issued without medical examination by a physician, and N. C. Code, 6460, provides “that where there has been no medical examination the policy shall not be rendered void nor shall payment be resisted on account of any misrepresentation as to the physical condition of applicant except in cases of fraud.” It was held in…