Jones v. General Accident Insurance Co. of America

Supreme Court of North Carolina

Jones v. General Accident Insurance Co. of America

425 S.E.2d 695, 333 N.C. 341, 1993 N.C. LEXIS 35

Supreme Court of North Carolina·Decided February 12, 1993·No. No. 113PA92·Published

Opinion

PER CURIAM.

The issue presented is controlled by our decision in Nationwide Mutual Ins. Co. v. Silverman, 332 N.C. 633, 423 S.E.2d 68 (1992), which was filed subsequent to the decisions of both the trial court and the Court of Appeals. Under the authority of Silverman, the decision of the Court of Appeals affirming the order of the Superior Court, Wayne County, is reversed. The cause is remanded to the Superior Court, Wayne County, with instructions to vacate the order of summary judgment for plaintiff and enter an order or judgment resolving the issue presented in accordance with the law as established in Silverman.

REVERSED AND REMANDED.

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PER CURIAM.

The issue presented is controlled by our decision in Nationwide Mutual Ins. Co. v. Silverman, 332 N.C. 633, 423 S.E.2d 68 (1992), which was filed subsequent to the decisions of both the trial court and the Court of Appeals. Under the authority of Silverman, the decision of the Court of Appeals affirming the order of the Superior Court, Wayne County, is reversed. The cause is remanded to the Superior Court, Wayne County, with instructions to vacate the order of summary judgment for plaintiff and enter an order or judgment resolving the issue presented in accordance with the law as established in Silverman.

REVERSED AND REMANDED.

Jones v. General Accident Insurance Co. of America, 425 S.E.2d 695, 333 N.C. 341, 1993 N.C. LEXIS 35 (N.C. 1993).

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