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PARRIS v. GARNER COM'L DISPOSAL, INC.

No. 7819SC416.

253 S.E.2d 29 (1979)

40 N.C. App. 282

Ruby Buie PARRIS v. GARNER COMMERCIAL DISPOSAL, INC., William D. King, and Aetna Life and Casualty Company, Inc.

Court of Appeals of North Carolina.

March 20, 1979.

Attorney(s) appearing for the Case

Burke, Donaldson & Holshouser, by Arthur J. Donaldson, Salisbury, for plaintiff appellant.

Jones, Hewson & Woolard, by Harry C. Hewson, Charlotte, for defendant appellee Aetna Life and Cas. Co., Inc.

ERWIN, Judge.

Plaintiff contends that the trial court committed error in dismissing his complaint against defendant Aetna Life and Casualty Company, Inc. We agree with plaintiff.

Assuming arguendo that plaintiff's original service of summons on defendant was pursuant to G.S. 58-153 or G.S. 58-153.1, such service would be defective. To serve legal process under G.S. 58-153, an insurance company must be licensed or admitted and authorized to do business...

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