THOMAS v. NATIONWIDE MUTUAL INSURANCE COMPANY

No. 46.

177 S.E.2d 286 (1970)

277 N.C. 329

Harry Doyle THOMAS, Sr., Idell A. Thomas and Harry Doyle Thomas, Jr. v. NATIONWIDE MUTUAL INSURANCE COMPANY.

Supreme Court of North Carolina.

November 18, 1970.


Attorney(s) appearing for the Case

Graham A. Phillips, Jr., Wallace, Moore & Biberstein, by R. V. Biberstein, Jr., Burgaw, for plaintiffs.

Marshall, Williams & Gorham, by Lonnie B. Williams, Wilmington, for defendant.


HIGGINS, Justice:

The plaintiffs allege the defendant should have known (1) the plaintiffs had no defense to Mrs. Thomson's action; (2) the recovery for her injuries would greatly exceed the maximum coverage of the policy; (3) since the defendant had the exclusive right to control the litigation, it was under the legal duty to plaintiffs to settle the claim for an amount not in excess of the coverage; (4) the defendant...

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