Legal Opinion · Dissent

Garland v. . Ins. Co.

Supreme Court of North Carolina

Decided December 20, 1919PublishedCited by 14 opinions

1DissentBrown, J.

This action is for the wrongful cancellation of a life insurance policy, and to recover damages for the failure of the defendant to pay to the plaintiff his pro rata share of a fund created under a special contract.

The following issues were submitted:

1. Did the defendant wrongfully forfeit or lapse policy No. 1706-A for $5,000 issued to the plaintiff, the same being the policy sued on? Answer: "Yes."

2. If so, what damage, if any, is the plaintiff entitled to recover? Answer: "Premiums paid in, with interest."

3. What amount, if any, was the defendant indebted to the plaintiff at the date of…

2Cases cited6 opinions

  1. American Trust Co. v. Life InsuranceSupreme Court of North Carolina · 1917
  2. Lovick v. Providence Life Ass'nSupreme Court of North Carolina · 1892
  3. Braswell v. American Life InsuranceSupreme Court of North Carolina · 1876
  4. Burrus v. Life Insurance Co.Supreme Court of North Carolina · 1899
  5. Herring v. Cumberland Lumber Co.Supreme Court of North Carolina · 1912

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

3Cited by14 opinions

  1. Brownell Combs, Ii, Administrator C.T.A. Of the Estate of Leslie Combs, Ii, Deceased v. International Insurance CompanyCourt of Appeals for the Sixth Circuit · 2004
  2. Underwood v. State Life InsuranceSupreme Court of North Carolina · 1923
  3. Underwood v. . Ins. Co.Supreme Court of North Carolina · 1923
  4. Central Carolina Bank & Trust Co. v. Security Life of Denver InsuranceDistrict Court, M.D. North Carolina · 2003
  5. Rocky Mount Savings & Trust Co. v. Ætna Life InsuranceSupreme Court of North Carolina · 1933

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

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