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McDONALD v. VILLAGE OF PINEHURST

No. 8820DC220.

372 S.E.2d 733 (1988)

91 N.C. App. 633

Gloria McDONALD, Personal Representative of the Estate of George Martin McDonald, Plaintiff, v. VILLAGE OF PINEHURST, Defendant and Third Party Plaintiff, v. Margaret Agnes LAVERY, Third Party Defendant.

Court of Appeals of North Carolina.

October 18, 1988.

Attorney(s) appearing for the Case

Pollock, Fullenwider, Cunningham & Patterson by Bruce T. Cunningham, Jr., Southern Pines, for plaintiff appellant.

Brown, Robbins, May, Pate, Rich, Scarborough & Burke by W. Lamont Brown, Pinehurst, for defendant and third-party plaintiff appellee Village of Pinehurst.

No brief filed for third-party defendant Margaret Agnes Lavery.

PHILLIPS, Judge.

The validity of the order dismissing plaintiff's action depends upon the correctness of the two conclusions of law that the court implicitly drew from defendant's amended answer and affidavit: That unless waived by having liability insurance defendant municipal corporation is immune from plaintiff's action; and that defendant's waiver of immunity from civil liability by the purchase of insurance was negated as a matter of law by the insolvency of...

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