Legal Opinion
Parris v. Garner Commercial Disposal, Inc.
Court of Appeals of North Carolina
Decided March 20, 1979No. 7819SC416PublishedCited by 14 opinions
1Opinion of the Court
ERWIN, Judge.
Plaintiff contends that the trial court committed error in dismissing his complaint against defendant Aetna Life and Casualty Company, Inc. We agree with plaintiff.
Assuming arguendo that plaintiff’s original service of summons on defendant was pursuant to G.S. 58-153 or G.S. 58-153.1, such service would be defective. To serve legal process under G.S. 58-153, an insurance company must be licensed or admitted and authorized to do business in this State. See G.S. 58-153.
G.S. 58453.1(a) allows service of process on insurance companies subject to our courts’ jurisdiction in suits by…
2Cases cited14 opinions
- International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
- Hanson v. DencklaSupreme Court of the United States · 1958
- Dillon v. Numismatic Funding Corp.Supreme Court of North Carolina · 1977
- United States v. A. H. Fischer Lumber Co.Court of Appeals for the Fourth Circuit · 1947
- Swenson v. ThibautCourt of Appeals of North Carolina · 1978
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Replacements, Ltd. v. MidwesterlingCourt of Appeals of North Carolina · 1999
- Southern Case, Inc. v. Management Recruiters International, Inc.District Court, E.D. North Carolina · 1982
- Hiwassee Stables, Inc. v. CunninghamCourt of Appeals of North Carolina · 1999
- Modern Globe, Inc. v. SpellmanCourt of Appeals of North Carolina · 1980
- Kaplan School Supply Corp. v. Henry Wurst, Inc.Court of Appeals of North Carolina · 1982
9 more not listed; retrieve them via the Exa API.