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STATE AUTO INS. COMPANIES v. McCLAMROCH

No. COA97-879.

497 S.E.2d 439 (1998)

STATE AUTO INSURANCE COMPANIES, Plaintiff, v. Julian McCLAMROCH and Dianne McClamroch, Defendants.

Court of Appeals of North Carolina.

April 7, 1998.

Attorney(s) appearing for the Case

Kilpatrick Stockton LLP by James H. Kelly, Jr., and Susan H. Boyles, Winston Salem, for plaintiff-appellee.

Gordon & Nesbit, P.L.L.C. by Thomas L. Nesbit, Winston Salem, for defendant-appellants.

EAGLES, Judge.

We first consider whether the trial court erred in granting summary judgment because plaintiff is not the correct party plaintiff. Defendants argue that "State Auto Insurance Companies" is not the proper plaintiff because the insurance policy being reviewed was issued by "State Automobile Mutual Insurance Company," a separate legal entity. Accordingly, defendants argue that plaintiff has not carried its burden of proving that it had standing to sue...

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