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GRAVES v. ABC ROOFING CO.

No. 8110IC335.

284 S.E.2d 718 (1981)

Charles GRAVES, Employee-Plaintiff, v. ABC ROOFING COMPANY, and Travelers Insurance Co., Carrier-Defendants.

Court of Appeals of North Carolina.

December 15, 1981.

Attorney(s) appearing for the Case

Tharrington, Smith & Hargrove by Steven L. Evans, Raleigh, for employee-appellant.

Gene Collinson Smith, Raleigh, for carrier-appellee.

ROBERT M. MARTIN, Judge.

We need only consider the appellant's second assignment of error that TIFCO and Travelers failed to effectively cancel the policy so that Travelers should be the carrier on the risk. We agree with the appellant.

N.C.Gen.Stat. § 58-60 requires:

When an insurance premium finance agreement contains a power of attorney or other authority enabling the insurance premium finance company...

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