B & H SUPPLY CO. v. INS. CO. OF NORTH AMERICA

No. 8321SC208.

311 S.E.2d 643 (1984)

B & H SUPPLY COMPANY, INC. v. INSURANCE COMPANY OF NORTH AMERICA.

Court of Appeals of North Carolina.

February 21, 1984.


Attorney(s) appearing for the Case

Morrow & Reavis, by John F. Morrow and Clifton R. Long, Jr., Winston-Salem, for plaintiff-appellee/cross-appellant.

Petree, Stockton, Robinson, Vaughn, Glaze & Maready, by Dudley Humphrey and Leon E. Porter, Jr., Winston-Salem, for defendant-appellant.


PHILLIPS, Judge.

Defendant's Appeal

The primary question raised by defendant's appeal is whether the failure of the insured to comply with Section 8 of the insurance policy, which required plaintiff to file a sworn proof of loss within four months of the discovery of the loss, relieved the insurer of liability. The trial court's holding that it did not was based on the rule adopted by our Supreme Court in Great American Insurance Co. v. C.G. Tate...

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