NATIONWIDE MUT. INS. CO. v. DAVIS

No. 9410SC632.

455 S.E.2d 892 (1995)

118 N.C. App. 494

NATIONWIDE MUTUAL INSURANCE COMPANY, and Nationwide Mutual Fire Insurance Company, Plaintiffs, v. Artie DAVIS, Steve Davis, Donald Bumgardner, Guardian Ad Litem for Tiffany Diane Matthews, an infant, and Kenneth Matthews, Defendants.

Court of Appeals of North Carolina.

April 18, 1995.


Attorney(s) appearing for the Case

Bailey & Dixon, L.L.P. by David S. Coats, Raleigh, for plaintiffs-appellants.

Tim L. Harris & Associates by Scott White, Jerry N. Ragan, Gastonia, for defendants-appellees.


WALKER, Judge.

In this action plaintiffs seek a declaration of the rights of plaintiffs and defendants under two insurance policies. Specifically, plaintiffs seek a declaration that one but not both of the policies provides coverage for an accident that occurred on 15 August 1990.

On 26 August 1993, plaintiffs filed a motion for judgment on the pleadings pursuant to N.C.Gen.Stat. § 1A-1, Rule 12(c). On 18 October 1993, defendants filed a corresponding...

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