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ALLSTATE INS. CO. v. STILWELL

No. COA05-1393.

637 S.E.2d 225 (2006)

ALLSTATE INSURANCE COMPANY, Plaintiff, v. Elizabeth Chaney STILWELL, Administratrix of the Estate of Dennis Ray Stilwell, Jr., deceased; GMAC Insurance Management Corporation; Dennyse Rayanne Nicole Stilwell, a Minor., Defendant.

Court of Appeals of North Carolina.

August 1, 2006.

Attorney(s) appearing for the Case

Morris, York, Williams, Surles & Barringer, L.L.P., by John P. Barringer and Keith B. Nichols, Charlotte, for plaintiff-appellee.

Byrd, Byrd, Ervin, Whisnant & McMahon, P.A., by Robert K. Denton and Lawrence D. McMahon, Jr., Morganton, for defendant-appellant.

HUDSON, Judge.

On 8 October 2004, plaintiff Allstate Insurance Company ("Allstate") asked the court to declare its obligations regarding insurance policies issued to a driver whose negligence caused the death of Dennis Ray Stilwell, Jr. ("decedent"), the spouse of defendant Elizabeth Chaney Stilwell ("defendant"). Each party moved for summary judgment, and on 21 June 2005, the trial court granted summary judgment to Allstate. Defendant appeals. As discussed below...

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