Rudich v. New England Mutual Life Insurance

Supreme Court of North Carolina

Rudich v. New England Mutual Life Insurance

20 S.E.2d 58, 221 N.C. 540, 1942 N.C. LEXIS 508

DecidedMay 6, 1942

StatusPublished

This text of 20 S.E.2d 58 (Rudich v. New England Mutual Life 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.

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Rudich v. New England Mutual Life Insurance, 20 S.E.2d 58, 221 N.C. 540, 1942 N.C. LEXIS 508 (N.C. 1942).

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Opinion

Per Curiam.

This was an action to recover the double indemnity provided in two identical policies of insurance issued by defendant upon the life of the insured. At the close of plaintiff’s evidence motion for judgment of nonsuit was allowed and plaintiff appealed.

Under the terms of the policy double indemnity was payable in case of death due to “bodily injury effected solely through external, violent and accidental means,” and in case “death occurred within ninety days after the date of such injury and as a direct result thereof, independently-of any other cause.” The policy did not cover death resulting directly or indirectly from “any bodily or mental disease or infirmity.”

From an examination of the evidence offered at the trial, by which the plaintiff sought to establish the defendant’s liability under the quoted provisions of the policies, we are left with the impression that the evidence was insufficient to require submission to the jury, and that the judgment of nonsuit was properly entered.

Judgment affirmed.

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Per Curiam.

This was an action to recover the double indemnity provided in two identical policies of insurance issued by defendant upon the life of the insured. At the close of plaintiff’s evidence motion for judgment of nonsuit was allowed and plaintiff appealed.

Under the terms of the policy double indemnity was payable in case of death due to “bodily injury effected solely through external, violent and accidental means,” and in case “death occurred within ninety days after the date of such injury and as a direct result thereof, independently-of any other cause.” The policy did not cover death resulting directly or indirectly from “any bodily or mental disease or infirmity.”

From an examination of the evidence offered at the trial, by which the plaintiff sought to establish the defendant’s liability under the quoted provisions of the policies, we are left with the impression that the evidence was insufficient to require submission to the jury, and that the judgment of nonsuit was properly entered.

Judgment affirmed.

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Bluebook (online)

20 S.E.2d 58, 221 N.C. 540, 1942 N.C. LEXIS 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rudich-v-new-england-mutual-life-insurance-nc-1942.