NATIONWIDE MUTUAL INSURANCE COMPANY v. COTTEN

No. 7110SC275.

182 S.E.2d 801 (1971)

12 N.C. App. 212

NATIONWIDE MUTUAL INSURANCE COMPANY v. John Henry COTTEN et al.

Court of Appeals of North Carolina.

Certiorari Allowed October 5, 1971.


Attorney(s) appearing for the Case

Smith, Anderson, Dorsett, Blount & Ragsdale by Willis Smith, Jr., and Robert R. Gardner, Raleigh, for plaintiff appellant.

Cockman, Alvis & Aldridge by Jerry S. Alvis, Raleigh, for defendant appellee, Allstate Ins. Co.


Certiorari Allowed by Supreme Court October 5, 1971.

MORRIS, Judge.

Plaintiff's exceptions and assignments of error raise two questions: (1) Was the policy issued to Cotten by Nationwide cancelled by the insured, as Nationwide contends, or by the insurer, as Allstate contends? and (2) If the policy was cancelled by Nationwide, was its noncompliance with G.S. § 20-309(e) cured by its notifying the Department of Motor Vehicles of cancellation on 13 March...

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