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CITY OF GREENSBORO v. RESERVE INS. CO.

No. 8310SC1112.

321 S.E.2d 232 (1984)

The CITY OF GREENSBORO, a Municipal Corporation; Greensboro Police Department; E.S. Melvin, Mayor of the City of Greensboro; Greensboro City Council and Its Members; V.M. Nussbaum, Jr., Jimmie I. Barber, Marion Follin III, John W. Forbis, Joann Bowie, and Lois M. McManus; T.Z. Osborne, City Manager of Greensboro; Hewitt E. Lovelace, Jr., Public Safety Director For the City of Greensboro; and William E. Swing, Chief of the Greensboro Police Department, v. RESERVE INSURANCE COMPANY; John Ingram, Ancillary Receiver of Reserve Insurance Company; Phillip R. O'Connor, Domiciliary Receiver of Reserve Insurance Company; North Carolina Insurance Guaranty Association, and Midland Insurance Company.

Court of Appeals of North Carolina.

October 16, 1984.

Attorney(s) appearing for the Case

Smith, Moore, Smith, Schell & Hunter by Martin N. Erwin, and Vance Barron, Jr., Greensboro, for plaintiffs.

Moore, Van Allen & Allen by Arch T. Allen, III, and Joseph W. Eason, Raleigh, for the North Carolina Insurance Guaranty Association.

Young, Moore, Henderson & Alvis, P.A. by David P. Sousa, and John E. Aldridge, Jr., Raleigh, for Midland Insurance Company.

VAUGHN, Chief Judge.

It is plaintiffs' position on this appeal that both the Association, through the Reserve policy, and Midland, are liable on the Bishop claim, and that the Association is liable on the Wilson claim. Both Midland and the Association deny all liability on either claim. (At the time of the May order, the Wilson case had been settled. The Bishop case was still pending; however...

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