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COLLINS & AIKMAN PRODUCTS CO. v. HARTFORD ACCIDENT & INDEMNITY CO.

No. COA96-288.

481 S.E.2d 96 (1997)

COLLINS & AIKMAN PRODUCTS CO., formerly Collins & Aikman Corporation, Plaintiff-Appellant, v. The HARTFORD ACCIDENT & INDEMNITY COMPANY, Defendant-Appellee.

Court of Appeals of North Carolina.

February 18, 1997.

Attorney(s) appearing for the Case

Parker, Poe, Adams & Bernstein, L.L.P. by Irvin W. Hankins, III, and Josephine H. Hicks, Charlotte, for plaintiff-appellant.

Patterson, Dilthey, Clay & Bryson, L.L.P. by Ronald C. Dilthey and Charles George, Raleigh, for defendant-appellee.

EAGLES, Judge.

The dispositive issue here is whether attorney's fees may be awarded as damages for an insurer's breach of its duty to indemnify. Plaintiff cites our Supreme Court's decision in Jamestown Mut. Ins. Co. v. Nationwide Mut. Ins. Co., 277 N.C. 216, 219, 176 S.E.2d 751, 754 (1970), in support of its argument that attorney's fees and litigation expenses are awardable as damages in...

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