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SILVERS v. HORACE MANN INS. CO.

No. 261PA88.

378 S.E.2d 21 (1989)

324 N.C. 289

Nancy SILVERS, Administratrix of the Estate of Stuart Martin Williams, Deceased v. HORACE MANN INSURANCE COMPANY, Roger Matthews, as Agent, and Individually, James Richard Bell, and Robert Earl Bell.

Supreme Court of North Carolina.

April 5, 1989.

Attorney(s) appearing for the Case

Anderson, Cox, Collier & Ennis by Henry L. Anderson, Jr. and Clay A. Collier, Wrightsville Beach, for plaintiff-appellant.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Grady S. Patterson, Jr. and Theodore B. Smyth, Raleigh, for defendant-appellees Horace Mann Ins. Co. and Roger Matthews.

WHICHARD, Justice.

Defendants Horace Mann Insurance Company (Horace Mann) and Roger Matthews (Matthews) seek reversal of a decision of the Court of Appeals reversing the trial court's entry of summary judgment in their favor. The issue is whether an insured plaintiff who has entered into a consent judgment with a tortfeasor and the tortfeasor's liability insurance carrier, without notice to1 or the consent of the insured's

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