BURCHFIELD v. INSURANCE CO

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. Co., 208 N.C. 732.

Civil action to recover on a certificate of group insurance identical in terms mutatis mutandis with the certificate sued upon in Dewease v. Ins. Co., 208 N.C. 732, 182 S.E. 447.

Plaintiff left the employ of McAden Mills, 19 September, 1931. His premiums were continued by his daughter until January, 1933, when a new master policy was issued by defendant. Plaintiff's action is based upon the old policy, not on the new one. No further premiums were paid by plaintiff or his 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 the close of plaintiff's evidence, he appeals, assigning errors.