NATIONWIDE MUT. INS. CO. v. CHOICE FLOOR COVERING CO.

No. 9210SC1035.

436 S.E.2d 851 (1993)

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff, v. CHOICE FLOOR COVERING COMPANY, Aetna Casualty and Surety Company, David Coleman Colvin and Fannie Falls Colvin, Defendants.

Court of Appeals of North Carolina.

December 7, 1993.


Attorney(s) appearing for the Case

LeBoeuf, Lamb, Leiby & MacRae, by Charles T. Francis, Raleigh, for plaintiff-appellee.

Weinstein & Sturges, P.A., by James N. Freeman, Jr. and Cynthia Roberson Jarrell, Charlotte, for defendant-appellants Choice Floor Covering Co. and Aetna Cas. and Sur. Co.

Lester H. Broussard, Gastonia, for defendant-appellants David Coleman Colvin and Fannie Falls Colvin.


ORR, Judge.

The defendants raise one issue on appeal in their assignments of error: whether the trial court erred in ruling that there was no genuine issue of material fact as to whether the defendant had insurance coverage on the date of the automobile accident and that the court therefore erred in granting summary judgment to the plaintiff. The defendants have advanced two arguments in their brief to support their contentions. First, that the notification of cancellation...

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