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OWEN v. HAYWOOD COUNTY

No. COA09-929.

697 S.E.2d 357 (2010)

Jerry OWEN, Plaintiff, v. HAYWOOD COUNTY, Haywood Board of Commissioners, Haywood County Sheriff's Department, Sheriff Tom Alexander, Mike Shuler, Mark Williams, Defendants.

Court of Appeals of North Carolina.

July 20, 2010.

Attorney(s) appearing for the Case

McLean Law Firm, P.A., Waynesville, by Russell L. McLean, III and Lisa A. Kosir, for plaintiff-appellee.

Womble Carlyle Sandridge & Rice, Charlotte, by Scott D. MacLatchie, for defendant-appellants Tom Alexander, Mike Shuler, and Mark Williams.

STEELMAN, Judge.

Where defendants' insurance policy expressly excludes coverage for claims for which the defense of sovereign immunity would be applicable, the trial court erred by denying defendants' motion for summary judgment on that basis.

I. Factual and Procedural Background

On 14 April 2008, Jerry Owen (plaintiff) filed a complaint that alleged the following: on 18 April 2006, plaintiff was at the Haywood County Sheriff's Department...

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