LENOIR MEMORIAL HOSPITAL, INC. v. STANCIL

No. 312.

139 S.E.2d 901 (1965)

263 N.C. 630

LENOIR MEMORIAL HOSPITAL, INCORPORATED, v. William Earl STANCIL and Guaranty Security Insurance Company, a corporation.

Supreme Court of North Carolina.

January 29, 1965.


Attorney(s) appearing for the Case

White & Aycock, Kinston, for plaintiff.

Whitaker, Jeffress & Morris, Kinston, for Guaranty Security Ins. Co., a corporation, defendant.


SHARP, Justice.

The terms of the policy which obligated Insurer to pay Stancil's medical bill involved in this case gave Insurer the option to pay the amount of this bill to or for Stancil. Upon this point the policy is positive and unambiguous. Insurer has paid Stancil. Therefore, for plaintiff to impose liability upon Insurer, it must show either a contractual obligation or conduct on Insurer's part giving rise to an estoppel or a waiver. Stancil, as the...

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