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NEWTON v. OHIO CAS. INS. CO.

No. 8820SC253.

371 S.E.2d 782 (1988)

James Henry NEWTON, Sr. Administrator of the Estate of Jonathan Legrande Newton, Plaintiff, v. The OHIO CASUALTY INSURANCE COMPANY, Defendant and Third-Party Plaintiff, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, Third-Party Defendant.

Court of Appeals of North Carolina.

September 20, 1988.

Attorney(s) appearing for the Case

Dawkins & Nichols by Donald M. Dawkins, Rockingham, for plaintiff-appellant.

Etheridge, Moser and Garner by Kenneth S. Etheridge and Jerry L. Bruner, Laurinburg, for defendant-appellee.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by D. James Jones, Jr. and Theodore B. Smyth, Raleigh, for third-party defendant-appellee.

EAGLES, Judge.

Plaintiff attempts to bring this appeal as a declaratory judgment action to determine the maximum liability owed by Ohio Casualty and Hartford to plaintiff under their respective automobile liability policies. We find no present actual controversy sufficient to sustain jurisdiction under the Declaratory Judgment Act and, accordingly, we dismiss the appeal.

An actual controversy between adverse parties is a jurisdictional prerequisite for a declaratory...

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