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CULLEN v. VALLEY FORGE LIFE INS. CO.

No. COA02-1328.

589 S.E.2d 423 (2003)

Anthony W. CULLEN, Plaintiff, v. VALLEY FORGE LIFE INSURANCE COMPANY, CNA Life Insurance Company, Moneymetrics Insurance Agency, Inc., Piedmont Carolinas Group, LLC, and Mark C. Flur, Defendants.

Court of Appeals of North Carolina.

December 16, 2003.

Attorney(s) appearing for the Case

Faison & Gillespie, by O. William Faison, Reginald B. Gillespie, Jr., and Kristen L. Beightol, Durham, for plaintiff-appellee.

Smith Moore L.L.P., by James G. Exum, Jr. and Samuel O. Southern, and Drinker Biddle & Reath, L.L.P., by Stephen C. Baker and John B. Dempsey, Raleigh, for defendants-appellants Valley Forge Life Insurance Company and CNA Life Insurance Company.

CALABRIA, Judge.

This appeal arises from the trial court's granting of Anthony W. Cullen's ("plaintiff")1 summary judgment motion awarding plaintiff $499,605.02 for breach of a life insurance contract, treble damages for unfair and deceptive practices, costs, and attorneys' fees. We affirm in part and reverse in part.

In the early 1990's, Marc Flur ("Flur"), plaintiff's insurance agent and acquaintance, contacted him to discuss...

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