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ALLSTATE INS. CO. v. NATIONWIDE INS. CO.

No. 8510SC1331.

346 S.E.2d 310 (1986)

ALLSTATE INSURANCE COMPANY v. NATIONWIDE INSURANCE COMPANY, L.E. Boykin, Jr., Geraldine Boykin, Paul Martinez, Brian Savage, and Frank Ashburn, Administrator of the Estate of Stephanie Ashburn, Deceased.

Court of Appeals of North Carolina.

August 5, 1986.

Attorney(s) appearing for the Case

Boyce, Mitchell, Burns and Smith, P.A. by Robert E. Smith and Susan K. Burkhart, Raleigh, for plaintiff-appellee.

Moore, Ragsdale, Liggett, Ray & Foley, P.A. by Peter M. Foley, Raleigh, for defendant-appellant Brian Savage.

Hendrick, Zotian & Cocklereece by T. Paul Hendrick, Winston-Salem, for defendant-appellant Geraldine Boykin, individually and as guardian ad litem for defendant-appellant Paul Martinez, and defendant-appellant Frank Ashburn, Administrator of the Estate of Stephanie Ashburn, Deceased.

Blanchard, Tucker, Twiggs, Earls & Abrams by Donald R. Strickland, Raleigh, for defendant-appellant L.E. Boykin, Jr.

PARKER, Judge.

All parties contend, and we agree, that the question of whether plaintiff complied with the contractual requirements for cancellation notice was one of law for the court to decide and should not have been submitted to the jury. See Riddick v. State Capital Ins. Co., 271 F.2d 641 (4th Cir.1959). All parties made motions for directed verdict and all were denied. Defendants...

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