UNITED SERVICES AUTO. ASS'N v. RHODES

No. COA02-740.

577 S.E.2d 171 (2003)

UNITED SERVICES AUTOMOBILE ASSOCIATION, Plaintiff, v. Michael A. RHODES, Individually, and as Administrator of the Estate of Deanna Marie Renalds Rhodes, Deceased, Integon Insurance Company/GMAC, B & R Rent-A-Car, Inc., Nationwide Mutual Insurance Company and Clarence William Goff, Jr., Defendants.

Court of Appeals of North Carolina.

March 18, 2003.


Attorney(s) appearing for the Case

Wallace, Morris & Barwick, P.A., by Thomas H. Morris, Kinston, for plaintiff appellee.

Baker, Jenkins & Jones, P.A., by Ronald G. Baker and Ernie K. Murray, Ahoskie, for defendant-appellant Nationwide Mutual Insurance Company.

Gaylord, McNally, Strickland, Snyder & Holscher, L.L.P., by Danny D. McNally, Greenville, for defendant-appellee Michael A. Rhodes, Individually and as Administrator of the Estate of Deanna Marie Renalds Rhodes, deceased.

C. Everett Thompson, II, Elizabeth City, for defendant-appellee Clarence William Goff, Jr.


BRYANT, Judge.

Nationwide Mutual Insurance Company (Nationwide) appeals a declaratory judgment dated 9 April 2002 determining the applicability of an automobile liability insurance policy issued by Nationwide. The findings of fact contained in the judgment are as follows:

2. [C]ounsel for all parties ... stated in open court that there were no factual issues in existence and that the [trial] [c]ourt need only determine the legal issue raised by the pleadings...

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