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PRIMERICA LIFE v. JAMES MASSENGILL & SONS

No. COA10-996.

712 S.E.2d 670 (2011)

PRIMERICA LIFE INSURANCE COMPANY, Plaintiff, v. JAMES MASSENGILL & SONS CONSTRUCTION COMPANY, Tony W. Massengill, and Jimmy N. Massengill, Sr., Defendants.

Court of Appeals of North Carolina.

April 19, 2011.

Attorney(s) appearing for the Case

Parker Poe Adams & Bernstein LLP, by Cynthia L. Wittmer , Scott E. Bayzle , Raleigh, and James Lynn Werner , Columbia, SC, for plaintiff-appellee.

Michael W. Strickland & Associates, P.A., Raleigh, by Michael W. Strickland , for defendant-appellants.

McCULLOUGH, Judge.

Defendant James Massengill & Sons Construction Company ("JMS") appeals from an order granting plaintiff Primerica Life Insurance Company's ("Primerica") motion for judgment notwithstanding the verdict and entering partial judgment in favor of Primerica and against defendant JMS. After careful review, we affirm.

I. Background

JMS is a construction company owned and operated, at all relevant times, by three brothers: John...

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