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DeMENT v. NATIONWIDE MUTUAL INS. CO.

No. COA00-169.

544 S.E.2d 797 (2001)

Leland DeMENT, Plaintiff, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant.

Court of Appeals of North Carolina.

April 3, 2001.

Attorney(s) appearing for the Case

Donaldson & Black, P.A., by Rachel Scott Decker, Greensboro, for plaintiff-appellee.

Teague, Rotenstreich & Stanaland, L.L.P., by Kenneth B. Rotenstreich and Paul A. Daniels, Greensboro, for defendant-appellant.

TIMMONS-GOODSON, Judge.

Leland DeMent ("plaintiff") brought this action for a declaratory judgment defining his rights under the "Supplementary Payments" clause of an insurance policy issued by Nationwide Mutual Insurance Company ("defendant") to Paula Keene, the driver of an automobile involved in an accident with plaintiff's vehicle. Defendant moved to dismiss the action and for judgment on the pleadings alleging, inter alia: (1) failure to state a claim...

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