{
  "id": 8551163,
  "name": "ELSIE M. CONNER, ADMINISTRATRIX OF THE ESTATE OF JOSEPH C. CONNER, DECEASED v. OCCIDENTAL LIFE INSURANCE COMPANY OF NORTH CAROLINA",
  "name_abbreviation": "Conner v. Occidental Life Insurance",
  "decision_date": "1979-06-05",
  "docket_number": "No. 786DC789",
  "first_page": "610",
  "last_page": "611",
  "citations": [
    {
      "type": "official",
      "cite": "41 N.C. App. 610"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 214,
    "char_count": 3553,
    "ocr_confidence": 0.802,
    "pagerank": {
      "raw": 2.0446031217563963e-07,
      "percentile": 0.7531321324138975
    },
    "sha256": "558b0a534c4d51642237d6ee4b909869d57d081b9eb3baceb8f4363d1a3c3120",
    "simhash": "1:b7bff396ab38e48d",
    "word_count": 601
  },
  "last_updated": "2023-07-14T18:02:40.540741+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Parker and Martin (Harry C.) concur."
    ],
    "parties": [
      "ELSIE M. CONNER, ADMINISTRATRIX OF THE ESTATE OF JOSEPH C. CONNER, DECEASED v. OCCIDENTAL LIFE INSURANCE COMPANY OF NORTH CAROLINA"
    ],
    "opinions": [
      {
        "text": "MITCHELL, Judge.\nThe plaintiff\u2019s sole assignment of error on appeal is that the trial court erred in concluding that the insurance policy in question was not in effect at the time of the insured\u2019s death. The policy had an effective date of 3 May 1976 and an expiration date of 2 December 1976 with no provisions for extensions or renewals. Although the insured died nine days after the expiration date of the policy, the plaintiff contends that the insurance policy was still in effect at that time by virtue of the terms of G.S. 58-211. We do not agree.\nG.S. 58-211 requires that all group life insurance policies delivered in this State must contain:\n(1) A provision that the policyholder is entitled to a grace period of 31 days for the payment of any premium due except the first, during which grace period the death benefit coverage shall continue in force, unless the policyholder shall have given the insurer written notice of discontinuance in advance of the date of discontinuance and in accordance with the terms of the policy.\nThis requirement does not apply in the present case.\nAt the time of the insured\u2019s death on 11 December 1976, the policy had expired. At that time, no premium was due. The quoted provision in G.S. 58-211 only extends the time in which a premium may be paid; it does not extend the period of coverage. Since the insurance policy expired on 2 December 1976 and contained no provisions for extension or renewal, no payment for any premium was or could have been due after that date and no extension of the period of coverage arose. The policy was not in effect on and after that date notwithstanding the provisions of G. S. 58-211. Therefore, the plaintiff\u2019s assignment of error is overruled and the judgment of the trial court is\nAffirmed.\nJudges Parker and Martin (Harry C.) concur.",
        "type": "majority",
        "author": "MITCHELL, Judge."
      }
    ],
    "attorneys": [
      "Cherry, Cherry & Flythe, by Joseph J. Flythe, for plaintiff appellant.",
      "Ragsdale, Liggett & Cheshire, by Joseph B. Cheshire, V, for defendant appellee."
    ],
    "corrections": "",
    "head_matter": "ELSIE M. CONNER, ADMINISTRATRIX OF THE ESTATE OF JOSEPH C. CONNER, DECEASED v. OCCIDENTAL LIFE INSURANCE COMPANY OF NORTH CAROLINA\nNo. 786DC789\n(Filed 5 June 1979)\nInsurance \u00a7 27.1\u2014 credit life insurance \u2014 no renewal after expiration \u2014 no grace period\nA credit life insurance policy which expired on 2 December 1976 and contained no provisions for extension or renewal was not in effect on and after its expiration date notwithstanding the \u201cgrace period\u201d provision of G.S. 58-211, since no payment for any premium was or could have been due after the expiration date and no extension of the period of coverage arose.\nAPPEAL by plaintiff from Long (Nicholas), Judge. Judgment entered 6 June 1978 in District Court, HERTFORD County. Heard in the Court of Appeals 22 May 1979.\nThis action was instituted when the plaintiff filed a complaint seeking to recover the benefits of a credit life insurance policy covering the life of the plaintiff\u2019s intestate. The defendant, the Occidental Life Insurance Company of North Carolina, admitted the existence of the policy but denied that it was in effect at the time of the insured\u2019s death. When the case was called for trial, it was submitted to the trial court upon a stipulated set of facts. After considering those facts, the pleadings and the arguments of counsel, the trial court concluded that the policy was not in effect at the time of the death of the insured and entered judgment in favor of the defendant. From the entry of that judgment, the plaintiff appealed.\nAdditional facts pertinent to this appeal are hereinafter set forth.\nCherry, Cherry & Flythe, by Joseph J. Flythe, for plaintiff appellant.\nRagsdale, Liggett & Cheshire, by Joseph B. Cheshire, V, for defendant appellee."
  },
  "file_name": "0610-01",
  "first_page_order": 638,
  "last_page_order": 639
}