Legal Opinion

Maddox v. Colonial Life & Accident Insurance

Court of Appeals of North Carolina

Decided October 21, 1980No. 8030DC411Published

1Opinion of the Court

MARTIN (Harry C.), Judge.

This appeal requires us to construe the insurance contract in question. In so doing, any ambiguity arising from the policy must be resolved in favor of the insured and against the company that drafted the instrument. Trust Co. v. Insurance Co., 276 N.C. 348, 172 S.E. 2d 518 (1970). An ambiguity arises in a policy when “in the opinion of the court, the language of the policy is fairly and reasonably susceptible to either of the constructions for which the parties contend.” Id. at 354, 172 S.E. 2d at 522. The meaning of language used in an insurance policy is a question…

2Cases cited8 opinions

  1. Wachovia Bank & Trust Co. v. Westchester Fire InsuranceSupreme Court of North Carolina · 1970
  2. McDowell Motor Co. v. New York Underwriters InsuranceSupreme Court of North Carolina · 1951
  3. Colonial Life & Acc. Ins. Co. v. CookMississippi Supreme Court · 1979
  4. Parker v. . Ins. Co.Supreme Court of North Carolina · 1924
  5. Lemmon v. Massachusetts Protective Ass'nDistrict Court, N.D. Oklahoma · 1931

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API