Logourl black
From our private database of 14,000+ case briefs...

Standard Supply Co. v. Reliance Insurance Co.

North Carolina Court of Appeals
272 S.E.2d 394 (1980)


Facts

Reliance Insurance Company (Reliance) (defendant) provided a fire insurance policy on a house owned by Standard Supply Co. (Standard) (plaintiff). The policy contained an exclusionary provision, which provided that Reliance would not be liable for loss occurring while the house was vacant or unoccupied for more than 60 days. Before issuing a renewal policy to Standard, Reliance hired Tar Heel Reporting Company, Inc. (Tar Heel) to inspect and report on the condition of the house. The inspection and report was completed by Tar Heel’s president, John Jennings. At the time of the investigation, the house had been unoccupied for more than a year. There was no electricity of heat source for the house, it was sparsely furnished, and several windows were broken. However, a neighbor told Jennings that people were living at the house. Jennings’s report described the condition of the property and stated that the house was not vacant. Reliance issued the renewal policy to Standard. The house was later destroyed in a fire. Reliance denied Standard’s claim under the policy, based on the exclusionary clause, and Standard brought suit to collect under the insurance policy. The trial court instructed the jury that Jennings was not an agent of Reliance and that his knowledge about the condition of the property was not imputed to Reliance. The jury found that Reliance was not estopped from denying coverage based on the policy’s exclusionary provision. Standard appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Wells, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 177,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.