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Baggett v. Summerlin Ins. Realty, Inc.

Supreme Court of North Carolina
Nov 1, 2001
354 N.C. 347 (N.C. 2001)

Summary

adopting the dissent as authority

Summary of this case from Davis v. State Farm Mutual Automobile Insurance Company

Opinion

No. 248A01

Filed 9 November 2001

Insurance — flood coverage — agent's failure to procure — summary judgment for defendants

A decision of the Court of Appeals holding that the trial court erred by granting summary judgment for defendant insurance agent and defendant insurance agency in an action for negligent failure to obtain flood insurance for plaintiffs is reversed for the reasons stated in the dissenting opinion in the Court of Appeals that defendants satisfied their duty to procure an insurance policy with similar coverage to plaintiffs' existing all — risk policy which specifically excluded flood coverage and that plaintiffs were contributorily negligent in failing to read the policy obtained for them by defendants.

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 143 N.C. App. 43, 545 S.E.2d 462 (2001), reversing and remanding an order for summary judgment entered 7 February 2000 by Cobb, J., in Superior Court, Onslow County. Heard in the Supreme Court 18 October 2001.

Ellis, Hooper, Warlick Morgan, L.L.P., by John D. Warlick, Jr., for plaintiff-appellees.

Manning, Fulton Skinner, P.A., by Michael T. Medford, for defendant-appellants.

Bailey Dixon, L.L.P., by Gary S. Parsons and Dayatra T. King, on behalf of Nationwide Mutual Insurance Company, amicus curiae.


For the reasons stated in the dissenting opinion by Judge Tyson, the decision of the Court of Appeals is reversed.

REVERSED.


Summaries of

Baggett v. Summerlin Ins. Realty, Inc.

Supreme Court of North Carolina
Nov 1, 2001
354 N.C. 347 (N.C. 2001)

adopting the dissent as authority

Summary of this case from Davis v. State Farm Mutual Automobile Insurance Company

adopting the dissenting opinion

Summary of this case from Jones v. J. Kim Hatcher Ins. Agencies

In Baggett, the North Carolina Supreme Court overturned a North Carolina Court of Appeals decision to deny summary judgment, instead adopting the reasoning of the dissenting opinion below.

Summary of this case from Colony Ins. Co. v. Peterson

noting that “Persons entering contracts ... have a duty to read them and ordinarily are charged with knowledge of their contents.”

Summary of this case from Coble v. Lawrence (In re Lawrence)

noting that “Persons entering contracts ... have a duty to read them and ordinarily are charged with knowledge of their contents.”

Summary of this case from Coble v. Lawrence (In re Lawrence)
Case details for

Baggett v. Summerlin Ins. Realty, Inc.

Case Details

Full title:ROY E. BAGGETT and PATRICIA BAGGETT, Individually and d/b/a BOUTIQUE…

Court:Supreme Court of North Carolina

Date published: Nov 1, 2001

Citations

354 N.C. 347 (N.C. 2001)
554 S.E.2d 336

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