Supreme Court of North Carolina, 1966

Bentley v. Western & Southern Life Insurance

Bentley v. Western & Southern Life Insurance
Supreme Court of North Carolina · Decided September 21, 1966
268 N.C. 155; 150 S.E.2d 45; 1966 N.C. LEXIS 1148

Bentley v. Western & Southern Life Insurance

Opinion of the Court

Per Curiam.

The burden was upon the plaintiff to prove that the death of the insured was an event covered by the policy and that she gave to the defendant, within the time specified in the policy, the notice of the alleged injury and the proof of loss required by the policy. Brevard v. Insurance Co., 262 N.C. 458, 137 S.E. 2d 837; Fallins v. Insurance Co., 247 N.C. 72, 100 S.E. 2d 214. The evidence, interpreted in the light most favorable to the plaintiff, together with all inferences in her favor which may reasonably *158be drawn therefrom, is not sufficient to support a verdict to that effect. This would still be true even if Dr. Cannon had been permitted to answer the hypothetical questions propounded to him. It is, therefore, unnecessary to determine whether the objections to those questions were properly sustained. The judgment of nonsuit is

Affirmed.

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