BARNES v. HARDY

No. 893SC678.

390 S.E.2d 758 (1990)

98 N.C. App. 381

Helen BARNES and William G. Barnes, Jr., Plaintiffs-Appellants, v. Norman L. HARDY, Jr., Ella Fleming Hardy, and United States Fidelity and Guaranty Company, Defendants-Appellees.

Court of Appeals of North Carolina.

May 1, 1990.


Attorney(s) appearing for the Case

Taft, Taft & Haigler by Thomas F. Taft and Mark R. Morano, Greenville, for plaintiffs-appellants.

Gaylord, Singleton, McNally, Strickland & Snyder by Danny D. McNally, Greenville, for defendants-appellees.


JOHNSON, Judge.

This appeal raises the single question of whether an insurer is liable for prejudgment interest when such payment would result in a total amount that exceeds the stated policy limits. Plaintiffs argue that USF & G's liability is not limited to the policy limits since the policy conflicts with G.S. § 24-5. We disagree.

Initially, we recognize that an offer of judgment was made by defendants and that a settlement for the full $50,000...

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