Newman v. Home Life Ins. Co., 523
| Court | United States State Supreme Court of North Carolina |
| Citation | 122 S.E.2d 701,255 N.C. 722 |
| Docket Number | No. 523,523 |
| Parties | Gladys V. NEWMAN v. HOME LIFE INSURANCE COMPANY. |
| Decision Date | 22 November 1961 |
Page 701
v.
HOME LIFE INSURANCE COMPANY.
Ottway Burton, Linwood T. Peoples, Asheboro, for plaintiff, appellant.
Page 702
Bryant, Lipton, Strayhorn & Bryant, by F. Gordon Battle, Durham, for defendant, appellee.
PER CURIAM.
The group policy was a contract between the insurance company and the employer. The plaintiff was a third party beneficiary. Her right against the insurance company terminated at the end of the grace period by reason of the failure on the part of her [255 N.C. 723] employer to keep the contract alive by paying the required premium. Although the plaintiff paid her employer, who defaulted, her recourse is not against the insurance company.
The judgment of the superior court is
Affirmed.
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4 cases
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Blue Cross-Blue Shield of Alabama v. Thornton, CROSS-BLUE
...F.2d 897 (10th Cir. 1957). Agency has been rejected in Couch v. Connecticut General Life Insurance Co., supra; and Newman v. Home Life Ins. Co., 255 N.C. 722, 122 S.E.2d 701. The Couch case specifically notes that the cases which have held the employer to be the insurer's agent rely on stat......
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Annexation Ordinance No. 300-X, In re, 18
......whose function is the protection of life and property. Police protection is provided on a ......
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Couch v. Connecticut General Life Ins. Co., 68--246
...Pa.) 102 Pittsb.Leg.J. 273; Rivers v. State Capital Life Ins. Co. (1957) 245 N.C. 461, 96 S.E.2d 431, 68 A.L.R.2d 205; Newman v. Home Life Insurance Company, 255 N.C. 722, 122 S.W.2d 701 (1963); Boger v. Prudential Insurance Company, 259 N.C. 125, 130 S.E.2d 64 (1964); and 1 Appleman, Insur......
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Boger v. Prudential Ins. Co. of America, 164
...to keep the policy in force. Deduction of the employee's wages by the employer was not payment to the insurer. Newman v. Home Life Ins. Co., 255 N.C. 722, 122 S.E.2d 701; Haneline v. Turner White Casket Co., 238 N.C. 127, 76 S.E.2d 372; Dewease Travelers' v. Ins. Co., 208 N.S. 732, 182 S.E.......