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NATIONWIDE PROPERTY AND CAS. v. MARTINSON

No. COA10-17.

701 S.E.2d 390 (2010)

NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff, v. Jaimie MARTINSON, Administratrix of the Estate of John Gilbert Martinson, Defendant.

Court of Appeals of North Carolina.

November 16, 2010.

Attorney(s) appearing for the Case

Robinson, Elliott & Smith, Charlotte, by Katherine A. Tenfelde and William C. Robinson , for plaintiff-appellee.

The Law Offices of Michael A. DeMayo, LLP, Charlotte, by Elizabeth G. Grimes and Michael A. DeMayo , for defendant-appellant.

Twiggs, Beskind, Strickland & Rabenau, P.A., Raleigh, by Jerome P. Trehy, Jr. , for amicus curiae North Carolina Advocates for Justice.

HUNTER, ROBERT C., Judge.

Defendant Jaimie Martinson ("Mrs. Martinson"), as administratrix of the estate of John Gilbert Martinson ("Mr. Martinson"), appeals from the trial court's 26 August 2009 order denying her motion for summary judgment and granting plaintiff Nationwide Property and Insurance Company's ("Nationwide") motion for summary judgment. After careful review, we affirm the trial court's order.

Background

In 2006, Mr. and Mrs....

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