Allen v. Investors Heritage Life Insurance

Supreme Court of North Carolina

Allen v. Investors Heritage Life Insurance

295 S.E.2d 471, 306 N.C. 732, 1982 N.C. LEXIS 1561

CourtSupreme Court of North Carolina

DecidedOctober 5, 1982

DocketNo. 319A82

StatusPublished

This text of 295 S.E.2d 471 (Allen v. Investors Heritage Life Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. Investors Heritage Life Insurance, 295 S.E.2d 471, 306 N.C. 732, 1982 N.C. LEXIS 1561 (N.C. 1982).

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Opinion

PER CURIAM.

For the reasons stated by Clark, J. in his dissent we find that summary judgment for the defendant was erroneously allowed and that summary judgment for the plaintiff was properly denied.

The decision of the Court of Appeals and the judgment of the trial court entered 9 June 1981 are vacated without prejudice to either party to again move for summary judgment if the facts are further developed. The cause is remanded to the Court of Appeals for further remand to the District Court, Wayne County for further proceedings not inconsistent with this opinion.

Vacated and remanded.

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PER CURIAM.

For the reasons stated by Clark, J. in his dissent we find that summary judgment for the defendant was erroneously allowed and that summary judgment for the plaintiff was properly denied.

The decision of the Court of Appeals and the judgment of the trial court entered 9 June 1981 are vacated without prejudice to either party to again move for summary judgment if the facts are further developed. The cause is remanded to the Court of Appeals for further remand to the District Court, Wayne County for further proceedings not inconsistent with this opinion.

Vacated and remanded.

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Bluebook (online)

295 S.E.2d 471, 306 N.C. 732, 1982 N.C. LEXIS 1561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-investors-heritage-life-insurance-nc-1982.