Kelley v. Life & Casualty Insurance

Supreme Court of North Carolina

Kelley v. Life & Casualty Insurance

169 S.E. 159, 204 N.C. 594, 1933 N.C. LEXIS 205

DecidedApril 26, 1933

StatusPublished

This text of 169 S.E. 159 (Kelley v. Life & Casualty Insurance) 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.

Bluebook

Kelley v. Life & Casualty Insurance, 169 S.E. 159, 204 N.C. 594, 1933 N.C. LEXIS 205 (N.C. 1933).

Pincite

Opinion

Pee Cueiam.

Tbe policy insures tbe plaintiff against tbe result of bodily injuries received while it is in force and effected solely by external, violent, and accidental means “by collision of or any accident to . . . any motor driven truck inside of which tbe insured was riding or driving; . . . provided, that in all cases referred to in this paragraph there shall be some external or visible injury on tbe said vehicle or elevator of tbe collision or accident.”

Tbe trial court was correct in bolding that tbe evidence offered by tbe plaintiff does not bring bis case within tbe terms of tbe policy. There was neither such collision or accident nor such external or visible injury to tbe truck as comes within tbe contemplation of the parties to tbe contract. Tbe judgment is

Affirmed.

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Pee Cueiam.

Tbe policy insures tbe plaintiff against tbe result of bodily injuries received while it is in force and effected solely by external, violent, and accidental means “by collision of or any accident to . . . any motor driven truck inside of which tbe insured was riding or driving; . . . provided, that in all cases referred to in this paragraph there shall be some external or visible injury on tbe said vehicle or elevator of tbe collision or accident.”

Tbe trial court was correct in bolding that tbe evidence offered by tbe plaintiff does not bring bis case within tbe terms of tbe policy. There was neither such collision or accident nor such external or visible injury to tbe truck as comes within tbe contemplation of the parties to tbe contract. Tbe judgment is

Affirmed.

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Bluebook (online)

169 S.E. 159, 204 N.C. 594, 1933 N.C. LEXIS 205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelley-v-life-casualty-insurance-nc-1933.