§ 58-44-50. Bar to defense of failure to render timely proof of loss. - North Carolina Statutes

§58‑44‑50.  Bar to defense of failure to render timely proof ofloss.

In any action brought toenforce an insurance policy subject to the provisions of this Article, anyparty claiming benefit under the policy may reply to the pleading of any otherparty against whom liability is sought which asserts as a defense, the failureto render timely proof of loss as required by the terms of the policy that suchfailure was for good cause and that the failure to render timely proof of losshas not substantially harmed the party against whom liability is sought in hisability to defend.  The issues raised by such reply shall be determined by thejury if jury trial has been demanded. (1973, c. 1391.)