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GOLDEN RULE INS. CO. v. LONG

No. 9210SC677.

439 S.E.2d 599 (1993)

113 N.C. App. 187

GOLDEN RULE INSURANCE COMPANY, an Illinois Corporation Plaintiff, v. James E. LONG, Individually and as Commissioner of Insurance for the State of North Carolina Defendants.

Court of Appeals of North Carolina.

Ordered Published December 23, 1993.

Attorney(s) appearing for the Case

Curtis J. Dickinson, Indianapolis, IN, and Burford & Pugh, by Robert J. Burford, Raleigh, for plaintiff-appellant.

LeBouef, Lamb, Leiby & MacRae by George R. Ragsdale, Kristin K. Eldridge and E. Daniels Nelson and North Carolina Dept. of Ins. by Ann W. Spragens, Gen. Counsel, for defendant-appellee, individually; and Atty. Gen. Lacy H. Thornburg, by Sr. Deputy Atty. Gen. Isham B. Hudson, Jr., Raleigh, for defendant-appellee, officially.

ARNOLD, Chief Judge.

When a suit is brought against a public official in his official capacity the issue of sovereign immunity is raised. See Bland v. City of Wilmington, 278 N.C. 657, 180 S.E.2d 813 (1971). "The doctrine of sovereign immunity—that the State cannot be sued without its consent—has long been the law in North Carolina." Smith v. State, 289 N.C. 303, 309, ...

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