Smith v. New Amsterdam Casualty Co.

Supreme Court of North Carolina

Smith v. New Amsterdam Casualty Co.

199 S.E. 601, 214 N.C. 841, 1938 N.C. LEXIS 443

DecidedNovember 23, 1938

StatusPublished

This text of 199 S.E. 601 (Smith v. New Amsterdam Casualty Co.) 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

Smith v. New Amsterdam Casualty Co., 199 S.E. 601, 214 N.C. 841, 1938 N.C. LEXIS 443 (N.C. 1938).

Pincite

Opinion

Pise Cueiam.

We think on the whole record that there were several false answers to material questions in the application for insurance (“Combination Accident Policy”) made by plaintiff. There was no dispute on the record as to the falsity of these answers and as a matter of law we think they were material. On account of the language in the application, we do not think that there has been any waiver by defendant as to its right to refuse payment on account of the false answers to the material questions contained in the application for the policy sued on.

On this record we think the nonsuit was proper. We see no new or noval proposition of law. The judgment in the court below is

Affirmed.

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Pise Cueiam.

We think on the whole record that there were several false answers to material questions in the application for insurance (“Combination Accident Policy”) made by plaintiff. There was no dispute on the record as to the falsity of these answers and as a matter of law we think they were material. On account of the language in the application, we do not think that there has been any waiver by defendant as to its right to refuse payment on account of the false answers to the material questions contained in the application for the policy sued on.

On this record we think the nonsuit was proper. We see no new or noval proposition of law. The judgment in the court below is

Affirmed.

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Bluebook (online)

199 S.E. 601, 214 N.C. 841, 1938 N.C. LEXIS 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-new-amsterdam-casualty-co-nc-1938.