Opinion
No. 109A86
Filed 3 June 1986
APPEAL by Great American Insurance Company, third-party defendant, pursuant to N.C.G.S. 7A-30(2) of the decision of a divided panel of the Court of Appeals (opinion by Judge Johnson with Judge Phillips concurring and Judge Webb dissenting) reported at 78 N.C. App. 774, 338 S.E.2d 570 (1986), affirming judgment entered by Ward, J., on 29 January 1985 in BEAUFORT County District Court.
McLendon Partrick by Neal Partrick for defendant, third-party plaintiff appellee.
Rodman, Holscher Francisco by Edward N. Rodman for plaintiff appellee.
Williamson, Herrin, Barnhill Savage by Mickey A. Herrin for third-party defendant appellant.
Notwithstanding its reliance in part on Smith v. Nationwide Mut. Ins. Co., 72 N.C. App. 400, 324 S.E.2d 868 (1985), rev'd, 315 N.C. 262, 337 S.E.2d 569 (1985), for the other reasons given in its opinion the decision of the Court of Appeals is
Affirmed.