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INDIANA LUMBERMEN'S MUT. INS. CO. v. CHAMPION

No. 8527SC1029.

343 S.E.2d 15 (1986)

INDIANA LUMBERMEN'S MUTUAL INSURANCE COMPANY, Plaintiff, v. Boyce R. CHAMPION, Defendant. Boyce R. CHAMPION, Third-Party Plaintiff, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Third-Party Defendant. INDIANA LUMBERMEN'S MUTUAL INSURANCE COMPANY, Third-Party Plaintiff, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Third-Party Defendant.

Court of Appeals of North Carolina.

May 6, 1986.

Attorney(s) appearing for the Case

George C. Collie and Charles M. Welling, Charlotte, for plaintiff Indiana Lumbermen's Mut. Ins. Co.

Hamrick, Mauney, Flowers, Martin & Deaton by Fred A. Flowers, Shelby, for defendant Boyce R. Champion.

Horn, West, Horn & Griffin, P.A. by J.A. West, Shelby, for third-party defendant Nationwide Mut. Ins. Co.

WELLS, Judge.

Nationwide's Appeal

Nationwide first contends the trial court erred in its order of 21 September 1984 by not permitting Nationwide to offer as a defense that the third-party actions had been brought in violation of the "no action" provision of its policy. In its pleadings, Nationwide alleged as a defense that the third-party actions were brought in violation of Condition Six of the policy it issued to Champion and that such actions were...

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