McMILLAN v. STATE FARM FIRE AND CAS. CO.

No. 8816SC919.

379 S.E.2d 88 (1989)

Wayne J. McMILLAN, Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY and State Farm General Insurance Company, Defendants.

Court of Appeals of North Carolina.

May 16, 1989.


Attorney(s) appearing for the Case

Murray, Regan and Regan by Cabell J. Regan, Lumberton, for appellant.

Anderson, Broadfoot, Johnson & Pittman by John H. Anderson, II, Fayetteville, for appellees.


WELLS, Judge.

Plaintiff contends that the appraisal provisions of the standard fire insurance policy do not operate to establish a final and binding determination of the amount of loss. Rather, he argues that the appraisal provisions are not binding upon the parties but are revocable at will, and that because any award calculated pursuant to them is not final and binding, there remains a genuine issue of fact as to the amount of loss. He contends that the trial court...

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