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McDANIEL v. NORTH CAROLINA MUT. LIFE INS. CO.

No. 8318DC1067.

319 S.E.2d 676 (1984)

Otis L. McDANIEL, Sr., and wife, Romania McDaniel v. NORTH CAROLINA MUTUAL LIFE INSURANCE COMPANY.

Court of Appeals of North Carolina.

September 18, 1984.

Attorney(s) appearing for the Case

Timothy G. Warner, Greensboro, for plaintiffs-appellees.

Albert L. Willis, Durham, for defendant-appellant.

WHICHARD, Judge.

Defendant contends the court should have granted its motion for judgment on the pleadings because the complaint revealed that plaintiff-wife experienced symptoms of her "sickness" before the policy was issued. Plaintiffs' complaint alleged that plaintiff-wife experienced leg pains in June 1981, and that the problem which ultimately led to her hospitalization for exploratory surgery on 8 October 1981 caused these pains. Defendant issued its medical...

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