Legal Opinion
Nationwide Mutual Insurance Company v. Roberts
Supreme Court of North Carolina
Decided February 26, 1964No. 379PublishedCited by 108 opinions
1Opinion of the CourtSharp, J.
An attempt was made to make the insured Roberts a party defendant by service upon the Commissioner of Motor Vehicles under G.S. 1-105 and 1-105.1. The attempt was ineffectual. This action is one for a declaratory judgment to construe a contract of insurance. It does not arise out of an automobile collision. Lindsay v. Short, 210 N.C. 287, 186 S.E. 239.
The Superior Court has jurisdiction to render a declaratory judgment only when the pleadings and evidence disclose the existence of a genuine controversy between the parties to the action, arising out of conflicting contentions as to their…
2Cases cited19 opinions
- Lide v. MearsSupreme Court of North Carolina · 1949
- Cabell v. City of Cottage GroveOregon Supreme Court · 1942
- Little v. Wachovia Bank and Trust CompanySupreme Court of North Carolina · 1960
- Sheehan v. GorianskyMassachusetts Supreme Judicial Court · 1947
- Withers v. BlackSupreme Court of North Carolina · 1949
14 more not listed; retrieve them via the Exa API.
3Cited by108 opinions
- North Carolina Consumers Power, Inc. v. Duke Power Co.Supreme Court of North Carolina · 1974
- Allstate Insurance Co. v. Shelby Mutual Ins. Co.Supreme Court of North Carolina · 1967
- Nationwide Mutual Insurance v. ChantosSupreme Court of North Carolina · 1977
- Cotton States Mutual Insurance v. NeeseSupreme Court of Georgia · 1985
- Kish v. Central National Insurance GroupOhio Supreme Court · 1981
103 more not listed; retrieve them via the Exa API.