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DAUGHTRY v. CASTLEBERRY

No. COA95-372.

474 S.E.2d 137 (1996)

Travis F. DAUGHTRY and Gayle Daughtry Bizzell, Co-Executors of the Estate of Ruth Roberts Daughtry, Plaintiffs v. Robin Gene CASTLEBERRY and Gene Castleberry, Defendants

Court of Appeals of North Carolina.

September 3, 1996.

Attorney(s) appearing for the Case

Wallace, Morris, Barwick & Rochelle, P.A. by Elizabeth A. Heath and Thomas H. Morris, Kinston, for plaintiff-appellants.

Bailey & Dixon, L.L.P. by David S. Coats, Raleigh, for defendant-appellees.

McGEE, Judge.

The trial court ruled USAA waived its subrogation rights under N.C. Gen.Stat. § 20-279.21(b)(4) by failing to advance the $100,000 tendered by Nationwide within 30 days of USAA's receipt of the 14 May 1992 letter from Bob Harrelson advising that Nationwide was tendering its policy limits. Plaintiffs argue USAA was not required to advance the $100,000 within 30 days of receipt of the written notice because: 1) written notice of the settlement must...

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