STATE EX REL. DUCKETT v. PETTEE

No. 7930SC1147.

273 S.E.2d 317 (1980)

STATE of North Carolina, ex rel. Sam J. DUCKETT, Guardian of Maude Johnson Duckett, Incompetent, v. Jack C. PETTEE; Aetna Casualty & Surety Company; Mastrom, Incorporated, t/d/b/a Professional Management and MI Professional Managements; J. B. Siler; the State of North Carolina; and The Hartford Accident & Indemnity Company.

Court of Appeals of North Carolina.

December 16, 1980.


Attorney(s) appearing for the Case

Roberts, Cogburn & Williams by Landon Roberts, Asheville, for defendant-appellant.

Roy H. Patton, Jr., Canton, and Long, McClure, Parker, Hunt & Trull by Robert B. Long, Jr., Asheville, for plaintiffs-appellees.


MORRIS, Chief Judge.

The first question raised by this appeal is whether the court erred in granting summary judgment against Aetna in the sum of $42,000 which is seven times the $6,000 face amount of the bond. Aetna contends that the bond was one continuing bond, regardless of the fact that annual renewal premiums were paid, and that Aetna's maximum liability over the entire term of the guardianship was $6,000. We are constrained to agree.

The bond which...

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