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NATIONWIDE MUT. INS. CO. v. DEMPSEY

No. COA97-159.

495 S.E.2d 914 (1998)

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. James DEMPSEY and Regional Acceptance Corporation, Defendant-Appellees.

Court of Appeals of North Carolina.

February 17, 1998.

Attorney(s) appearing for the Case

Yates, McLamb & Weyher, L.L.P. by R. Scott Brown, O. Craig Tierney, Jr., and Michael W. Washburn, Raleigh, for plaintiff-appellant.

Colombo, Kitchin, Johnson, Dunn & Hill, LLP by William F. Hill and Micah D. Ball, Greenville, for defendant-appellee.

McGEE, Judge.

Nationwide filed a declaratory judgment action on 21 July 1995 to determine its liability to James Dempsey, the insured owner of a 1988 Chevrolet pickup truck destroyed by fire, and to Regional Acceptance Corporation (Regional), which held a properly perfected security interest in the vehicle and was named as the "loss payee" on Nationwide's automobile policy. In its declaratory judgment action, Nationwide alleged that it was not obligated to Dempsey...

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