Blackwell v. National Fire Ins. Co. of Hartford
This text of 67 S.E.2d 750 (Blackwell v. National Fire Ins. Co. of Hartford) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Issuance of the policy and loss as claimed were admitted, but defendants denied liability on the ground that the loss occurred while the insured was transporting in the automobile intoxicating liquor in violation of law and endeavoring to escape arrest. However, the policy contains no exception on this ground, and as the loss comes within the terms of the insurance policy, as issued and paid for, this defense will not avail the defendants. Poole v. Ins. Co., 188 N.C. 468, 125 S.E. 8. The insurance contract had no direct connection with the violation of law admitted, but was only collateral thereto. Electrova Co. v. Ins. Co., 156 N.C. 232, 72 S.E. 306; 29 A.J. 208. The insurance here cannot be said to have promoted the unlawful act referred to. 132 A.L.R. 126.
There was no evidence of loss by intentional act of the insured. Nor does the statement of facts show misrepresentation in the plaintiffs’ declarations on which the policy was issued.
Judgment affirmed.
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Cite This Page — Counsel Stack
67 S.E.2d 750, 234 N.C. 559, 1951 N.C. LEXIS 513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blackwell-v-national-fire-ins-co-of-hartford-nc-1951.