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N. C. LIFE & ACC. v. UNDERWRITERS NAT. ASSUR.

No. 7910SC766.

269 S.E.2d 688 (1980)

48 N.C. App. 508

NORTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION v. UNDERWRITERS NATIONAL ASSURANCE COMPANY, John Randolph Ingram, Commissioner of Insurance of the State of North Carolina and Harlan E. Boyles, Treasurer of the State of North Carolina.

Court of Appeals of North Carolina.

September 2, 1980.

Attorney(s) appearing for the Case

Allen, Steed & Allen by William S. Patterson, Charles D. Case and Ann Hogue Pappas, Raleigh, for plaintiff.

Purrington, McNamara & Pipkin by Ashmead P. Pipkin, Raleigh, for defendant Underwriters National Assurance Company.

ROBERT M. MARTIN, Judge.

The question presented for review is whether plaintiff's motion for summary judgment was properly granted. This is a proper case for a declaratory judgment, G.S. 1-254, and the Guaranty Association is entitled to maintain the action. Blades v. City of Raleigh, 280 N.C. 531, 187 S.E.2d 35 (1972). The propriety of a summary judgment in such action is governed by the same...

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