Johnson v. Missouri State Life Insurance

177 S.E. 646, 207 N.C. 512, 1935 N.C. LEXIS 188

• Court: Supreme Court of North Carolina
• Decided: January 1, 1935
• Status: Published

Opinion

Stacy, C. J.

Must the plaintiff’s total and permanent disability have existed for a period of six months before liability attaches therefor under the certificate in suit? The answer is, Yes. Kingsland v. Ins. Co. (Mo.), 66 S. W. (2d), 959; Baker v. Ins. Co., 202 N. C., 432, 163 S. E., 110.

The same question in principle was presented in the case of Hundley v. Ins. Co., 205 N. C., 780, 172 S. E., 361, where Brogden, J., delivering the opinion of the Court, observed: “It is not deemed relevant to discuss the meaning of the six months’ clause or for what reason it was inserted in the contract. It is there in plain English.” See, also, Wyche v. Ins. Co., ante, 45, 175 S. E., 697; Ammons v. Assur. Society, 205 N. C., 23, 169 S. E., 807.

The evidence rendered it proper to dismiss the action as in case of nonsuit.

Affirmed.

ClarksoN, J., dissents.