PEOPLES SEC. LIFE INS. CO. v. HOOKS

No. 877SC48.

357 S.E.2d 411 (1987)

PEOPLES SECURITY LIFE INSURANCE COMPANY v. Milton S. HOOKS.

Court of Appeals of North Carolina.

July 7, 1987.


Attorney(s) appearing for the Case

Mount White Hutson & Carden, P.A. by James H. Hughes, Durham, for plaintiff-appellant.

Brooks, Pierce, McLendon, Humphrey & Leonard by James T. Williams, Jr. and Jim W. Phillips, Jr., Greensboro, for defendant-appellee.


JOHNSON, Judge.

Plaintiff, argues on appeal that the trial court erred in dismissing both counts of its complaint for failure to state a claim upon which relief may be granted. We disagree.

The test a trial court must apply when ruling on a motion to dismiss a complaint for failure to state a claim upon which relief may be granted is whether the pleading, when liberally construed, is legally sufficient. E.g. Fowler v. Williamson, 39...

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