NATIONWIDE PROPERTY AND CAS. INS. v. SMITH

No. COA17-283.

808 S.E.2d 172 (2017)

NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY; Nationwide Mutual Insurance Company; and Nationwide Insurance Company of America, Third-Party Plaintiffs, v. Timothy W. SMITH and Timothy R. Smith, Third-Party Defendants.

Court of Appeals of North Carolina.

Filed: November 21, 2017.


Attorney(s) appearing for the Case

Marshall, Williams & Gorham, L.L.P, Wilmington, by William Robert Cherry, Jr. , for the Third-Party Plaintiffs-Appellants.

Donald E. Clark, Jr., Attorney at Law, PPLC, Goldsboro, by Donald E. Clark, Jr. , for the Third-Party Defendants-Appellees.


The Third-Party Plaintiffs (collectively "Nationwide") appeal from an order of the trial court dismissing their Third-Party Complaint pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure.

I. Background

Plaintiffs George Olsen, Sr., and his wife, Sharon N. Olsen, purchased a personal automobile...

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