Industrial Bank of Elizabeth City v. Resolute Fire Insurance

Three questions are to be answered in determining the correctness of the nonsuit.

In the first place, while the plaintiff’s mortgage, the policy in suit and the Williams mortgage all'bear date 6 January, 1941, it does not affirmatively appear that the Williams mortgage was in existence at the time of the issuance of the policy. Hence, on demurrer to the evidence, the question of concealment or misrepresentation concerning this mortgage would seem to be for the jury. Wells v. Ins. Co., 211 N. C., 427, 190 S. E., 744.

Secondly, as no provision was made by agreement in writing added to the policy…