Dayton v. Dayton

STROUD, Judge.

Baltimore Life Insurance Company (“defendant”) appeals from the trial court’s order denying its motion to amend the order for distribution of insurance proceeds or, in the alternative, for the issuance of an order denying the existence of coverage under N.C. Gen. Stat. § 28C-18(b). For the following reasons, we affirm the trial court’s order.

I. Background

On 7 January 2010, Kathy Dayton (“plaintiff’) brought an action pursuant to N.C. Gen. Stat. § 28C-2 to be appointed as receiver of the estate of Douglas Eugene Dayton (“Mr. Dayton”); for a declaration that Mr. Dayton, a missing…