Lowe's North Wilkesboro Hardware, Inc. v. Fidelity Mutual Life Insurance

PREYER, District Judge.

The defendant moves for summary judgment on each of the three causes of action asserted by the plaintiff in its complaint. Plaintiff concedes that defendant’s motion should be granted as to the first cause of action but resists the motion on the second and third causes of action. We are of the opinion that defendant’s motion for summary judgment should be granted as to the second cause of action but denied as to the third cause of action.

SECOND CAUSE OF ACTION

This cause of action is in tort. Plaintiff alleges that it is entitled to recover of the defendant the sum of…