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ALLSTATE INS. CO. v. OLD REPUBLIC INS. CO.

No. 8026SC235.

270 S.E.2d 510 (1980)

ALLSTATE INSURANCE COMPANY v. OLD REPUBLIC INSURANCE COMPANY.

Court of Appeals of North Carolina.

October 7, 1980.

Attorney(s) appearing for the Case

Walker, Palmer & Miller by James E. Walker and Robert P. Johnston, Charlotte, for plaintiff-appellant.

Golding, Crews, Meekins, Gordon & Gray by John G. Golding, Charlotte, for defendant-appellee.

VAUGHN, Judge.

The substantive issue is whether an insurance company may invalidate its binder coverage because the insured procured other insurance, as prohibited by the company's standard insurance policy, when no actual policy was ever issued. Plaintiff argues that termination of binder coverage in this manner violates G.S. 58-176, and therefore defendant's motion for summary judgment was erroneously granted. We do not...

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