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AMERICAN MFRS. MUT. INS. CO. v. INGRAM

No. 15.

271 S.E.2d 46 (1980)

301 N.C. 138

AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY v. John Randolph INGRAM et al. (appealed by Wake Anesthesiology Associates, Inc.)

Supreme Court of North Carolina.

October 7, 1980.

Attorney(s) appearing for the Case

John R. Jordan, Jr., Robert R. Price, Henry W. Jones, Jr., Raleigh, for plaintiff-appellee.

Tharrington, Smith & Hargrove by Wade M. Smith and Steven Evans, Raleigh, for defendants-appellants.

HUSKINS, Justice:

This appeal poses the question whether Lumbermens Mutual can avoid its insurance contract with defendant appellants because the Health Care Liability Reinsurance Exchange Act was declared unconstitutional. We hold that the facts of this case require a negative answer.

It is a rule of statutory construction that a statute declared unconstitutional is void ab initio and has no effect. Board of Managers v. Wilmington,

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