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COLLINS v. QUINCY MUT. FIRE INS. CO.

No. 111.

256 S.E.2d 718 (1979)

297 N.C. 680

Ray D. COLLINS v. QUINCY MUTUAL FIRE INSURANCE COMPANY.

Supreme Court of North Carolina.

July 30, 1979.

Attorney(s) appearing for the Case

Badgett, Calaway, Phillips, Davis & Montaquila by Susan Rothrock Montaquila, and Richard G. Badgett, Winston-Salem, for plaintiff-appellee.

Womble, Carlyle, Sandridge & Rice by Allan R. Gitter, and Keith W. Vaughan, Winston-Salem, for defendant-appellant.

BRANCH, Justice.

The sole question presented by this appeal is whether the Court of Appeals erred in reversing the trial court's granting of defendant's motion for summary judgment. We agree with the decision of the Court of Appeals that no material issue of fact was raised with regard to waiver of any policy provision by the insurance company. Thus, resolution of this question is dependent on our construction of the policy language required by G.S. 58-176 which provides...

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