Brandon v. Nationwide Mutual Fire Insurance

BRANCH, Chief Justice.

The Court of Appeals, in awarding plaintiff a new trial, held that “[t]he second issue, as it is phrased, should not have been tendered to the jury.” 46 N.C. App. at 479, 265 S.E. 2d at 501. The court stated that “it is uncontroverted that proofs of loss were filed. The defendant only contends they were incomplete.” Id. Defendant contends that the second issue was properly submitted since there was ample evidence tending to show that, while plaintiff eventually submitted forms entitled “Proofs of Loss,” he failed to “file with the defendant insurance company a proof of…