American Manufacturers Mutual Insurance v. Ingram

HUSKINS, Justice:

This appeal poses the question whether Lumbermens Mutual can avoid its insurance contract with defendant appellants because the Health Care Liability Reinsurance Exchange Act was declared unconstitutional. We hold that the facts of this case require a negative answer.

It is a rule of statutory construction that a statute declared unconstitutional is void ah initio and has no effect. Board of Managers v. Wilmington, 237 N.C. 179, 74 S.E. 2d 749 (1953); Idol v. Street, 233 N.C. 730, 65 S.E. 2d 313 (1951); Sessions v. Columbus County, 214 N.C. 634, 200 S.E. 418 (1939); State v.…