The fact situation in the instant case is identical in principle with that appearing in the case of Dewease v. Ins. Co., 208 N. C., 732, 182 S. E., 447. The cited case is a direct authority for the ruling here.
Affirmed.
(Filed 15 June, 1936.)
Insurance F b—
In this action to recover disability benefits on a certificate issued to insured employee under a group policy, judgment for insured is affirmed under authority of Dewease v. Ins. do., 208 N. C., 732.
Appeal by plaintiff from Clement, J., at March Term, 1936, of Rockingham.
Civil action to recover on a certificate of group insurance identical in terms muiatis mutandis with tbe certificate sued upon in Dewease v. Ins. Co., 208 N. C., 732, 182 S. E., 447.
Plaintiff -left tbe employ of McAden Mills, 19 September, 1931. His premiums were continued by bis daughter until January, 1933, when a new master policy was issued by defendant. Plaintiff’s action is based upon tbe old policy, not on tbe new one. No further premiums were paid by plaintiff or bis daughter after January, 1933.
On 10 March, 1934, plaintiff gave notice of claim to defendant Travelers Insurance Company, which notice was received 14 March. This action was instituted 3 October, 1934.
From judgment of nonsuit entered at tbe close of plaintiff’s evidence, be appeals, assigning errors.
P. T. Stiers for plaintiff, appellant.
Sapp & Sapp for defendant, appellee.
The fact situation in the instant case is identical in principle with that appearing in the case of Dewease v. Ins. Co., 208 N. C., 732, 182 S. E., 447. The cited case is a direct authority for the ruling here.
Affirmed.