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CAHOON v. CANAL INS. CO.

No. COA99-1412.

537 S.E.2d 538 (2000)

Carlton Joedy CAHOON, Plaintiff, v. CANAL INSURANCE COMPANY, Christy Yvonne Ange, and Henry Reynolds Snell, Jr., Defendants, v. North Carolina Farm Bureau Mutual Insurance Company, Intervenor. Canal Insurance Company, Third Party Plaintiff, v. Agency Services, Inc. and Agency Premium Services, Inc., Third Party Defendants.

Court of Appeals of North Carolina.

November 21, 2000.

Attorney(s) appearing for the Case

Barber & Associates, P.A., by Timothy C. Barber and Eric J. Howland, for Agency Services, Inc. and Agency Premium Services, Inc., third-party defendant appellants; and Walker, Clark, Allen, Herrin & Morano, by Mickey A. Herrin, Greenville, for Canal Insurance Company defendant appellant.

Irvine Law Firm, PC, by David J. Irvine, Jr., Williamston, for Carlton Joedy Cahoon, plaintiff appellee.

Rodman, Holscher, Francisco & Peck, P.A., by R. Brantley Peck, Jr., Washington, for Christy Yvonne Ange, defendant appellee.

The Wells Firm, PLLC, by J. Warner Wells, II, Greenville, for Henry Reynolds Snell, Jr., defendant appellee.

HORTON, Judge.

Appellants contend that they complied with the provisions of N.C. Gen.Stat. § 58-35-85 in cancelling the policy issued to plaintiff Cahoon, and argue that the trial court erred in ruling otherwise. We agree, and grant summary judgment in favor of the appellants, Agency and Canal.

N.C. Gen.Stat. § 58-35-85 sets out the procedure for cancellation of an insurance policy by an insurance premium finance company:

When an insurance...

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