Moore v. General Accident, Fire, & Life Assurance Corp.
Supreme Court of North Carolina
Civil actioN, tried before Garter, J., and a jury, at Spring Term, 1917, of IREDELL. The action was brought to recover the amount alleged by the plaintiff, the beneficiary, to be due upon a life and accident insurance policy issued to her husband, Dr. Nicholas Gibbon Moore, on 24 June, 1910. The policy insured against a total and partial loss from accident, producing injuries and disabling the insured from pursuing his ordinary business, and it also provided for the payment…
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Civil actioN, tried before Garter, J., and a jury, at Spring Term, 1917, of IREDELL. The action was brought to recover the amount alleged by the plaintiff, the beneficiary, to be due upon a life and accident insurance policy issued to her husband, Dr. Nicholas Gibbon Moore, on 24 June, 1910. The policy insured against a total and partial loss from accident, producing injuries and disabling the insured from pursuing his ordinary business, and it also provided for the payment of $1,000 if the accidental injuries caused his death, to be paid to the plaintiff, and, further, for an additional sum…
1Opinion of the Court
Walker, J.,
after stating the case: It may be conceded at the outset that the provision as to the prompt payment of the premiums when they fall due is a valid one, and so pertains to the essence of the contract as ordinarily to require strict observance-of it, unless compliance with it has been waived. Nance on Insurance, p. 213; Kerr on Insurance, p. 392; Klein v. Ins. Co., 104 U. S., 8; Thompson v. Ins. Co., ibid., 252; Hay v. Assn., 143 N. C., 257; Clifton v. Ins. Co., 168 N. C., 499. This doctrine is well established. It is a very usual provision of a policy of accident insurance that it…
2Cases cited29 opinions
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
- Knickerbocker Life Insurance v. PendletonSupreme Court of the United States · 1884
- Ætna Insurance v. MaguireIllinois Supreme Court · 1869
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3Cited by28 opinions
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- Gorham v. . Insurance Co.Supreme Court of North Carolina · 1938
- Godfrey v. . Power Co.Supreme Court of North Carolina · 1925
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