Shoffner v. Mann
Shoffner v. Mann
251 N.C. 462; 111 S.E.2d 543; 1959 N.C. LEXIS 588
Shoffner v. Mann
Opinion of the Court
Attention is called to the fact the suit is against the brokers who negotiated the insurance contract and not -against, the Virginia Mutual Insurance Company, the insurer. The right to cancel -is reserved to the insurer. The right to cancel being conceded, it appears any cause of action would be limited to the recovery of the unearned premium. The plaintiff’s evidence -showed he had received credit on another policy for the full amount due him. The plaintiff’s own evidence, therefore, put him out of court.
The judgment of nonsuit is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.