FOWLER v. McLEAN

No. 7519SC1078.

226 S.E.2d 867 (1976)

30 N.C. App. 393

Russell Dean FOWLER v. Paul McLEAN.

Court of Appeals of North Carolina.

August 4, 1976.


Attorney(s) appearing for the Case

Ottway Burton by Millicent Gibson, Asheboro, for plaintiff.

Henson, Donahue & Elrod by Daniel W. Donahue, Greensboro, for defendant.


BROCK, Chief Judge.

"`[W]here an insurance carrier makes a settlement in good faith, such settlement is binding on the insured as between him and the insurer, but . . . such settlement is not binding as between the insured and a third party where the settlement was made without the knowledge or consent of the insured or over his protest, unless the insured in the meantime has ratified such settlement.' (Citation omitted.) Such consent or ratification constitutes an...

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