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JACOBS v. ROYAL INS. CO. OF AMERICA

No. COA97-559.

495 S.E.2d 185 (1998)

Evelyn C. JACOBS, Plaintiff, v. ROYAL INSURANCE COMPANY OF AMERICA and Calvert Insurance Company, Defendants.

Court of Appeals of North Carolina.

February 3, 1998.

Attorney(s) appearing for the Case

Dean & Gibson, L.L.P. by Brien D. Stockman, Charlotte, for defendant-appellant Royal Insurance Company of America.

Ward and Smith, P.A. by J. Randall Hiner, New Bern, for defendant-appellee Calvert Insurance Company.

EAGLES, Judge.

We first consider whether the trial court erred in dismissing the amended complaint on the grounds that Calvert Insurance Company is an excess insurer. Royal asserts that the trial court erred in deviating from the face of the pleadings by considering oral representations regarding the terms of Calvert's liability policy with respect to an alleged $100,000 Self-Insured Retention Endorsement. Royal also argues that the motion to add Calvert as a necessary...

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