Mitchell v. N.C. Grange Mutual Insurance
Mitchell v. N.C. Grange Mutual Insurance
Opinion of the Court
The following essential facts are uncontroverted in this matter:
1. During the year 1977 and for some years prior thereto, the defendant, N.C. Grange Mutual Insurance Company, through its agent, C. Hester Allen Insurance Agency, offered crop hazard insurance.
8.Plaintiff applied for and was issued a policy of insurance to cover his six tobacco bams for 1977. Plaintiff made his application to and the policy was written by the C. Hester Allen Agency.
4. The policy names North Carolina Grange Mutual Insurance Company as the issuing party and provides coverage in the amount of $7,000 for barns 1-5 and $8,000 for barn 6. Nowhere on the policy does Eastman & Company’s name appear.
5. When plaintiff applied for the insurance, he did not request that it be written through Eastman & Company.
6. Thomas W. Allen of the C. Hester Allen Insurance Agency made the decision to and in fact did write the policy through Eastman & Company. At no time did he discuss this decision with the plaintiff.
7. In 1976 Eastman & Company sent to all its agents underwriting instructions which limited the amount of coverage available for “homemade” barns to $2,500 per barn.
8. Plaintiffs barns were “homemade.”
9. Plaintiff was an agent of Eastman & Company.
10. North Carolina Grange Mutual had no such limitation on coverage for “homemade” barns during 1977.
On these facts the defendant contends, and Judge Riddle obviously agreed, that the single fact of plaintiff’s employment as an agent of Eastman & Company — and therefore of the Grange — limits plaintiffs recovery under his policy of insurance with North Carolina Grange to $2,500 per barn. While we agree that plaintiff’s status as Eastman’s agent charged him with knowledge of Eastman’s limitation on coverage for “home
We hold the trial court’s conclusion that plaintiffs recovery is limited to $2,500 per barn because he was an agent of Eastman and the Grange, and thus had constructive knowledge of Eastman’s limitation, is erroneous for that the findings do not support the conclusion that the plaintiff had constructive knowledge of the limitation as applied to this policy. To the contrary, the evidence and the findings dictate the conclusion that the defendant, as insurer under the policy in question, is liable to the plaintiff for the full amount of the coverage shown on the policy.
For the reasons stated the judgment is vacated and the cause remanded to the Superior Court for the entry of an appropriate judgment for plaintiff consistent with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.