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ZORBA'S INN, INC. v. NATIONWIDE MUT. FIRE

No. 8821DC467.

377 S.E.2d 797 (1989)

ZORBA'S INN, INC. v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY v. Stephen C. EATON.

Court of Appeals of North Carolina.

April 4, 1989.

Attorney(s) appearing for the Case

John R. Surratt, P.A. by John R. Surratt and Anita M. Yova, Winston-Salem, for plaintiff-appellant.

Petree Stockton & Robinson by W. Thompson Comerford, Jr. and Barbara E. Brady, Winston-Salem, for defendant appellee.

COZORT, Judge.

The question raised by this appeal is whether a secured party under Article 9 of North Carolina's Uniform Commercial Code may maintain an action against an insurer to enforce the secured party's right to insurance proceeds as provided in N.C. Gen.Stat. § 25-9-306. We hold that, under the facts of the case before us, the secured party has no enforceable claim against the insurer. We therefore affirm the judgment below.

On or about 4 March...

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