Hales v. North Carolina Insurance Guaranty Ass'n

MARTIN, Judge.

The determinative issue on appeal is whether the 1986 judgment in the declaratory judgment action brought by William I. Hales against Interstate bars plaintiffs’ claims against the Association in the present case under the doctrine of res judicata. We hold that it does.

The law with respect to summary judgment is well established. “ ‘Where a motion for summary judgment is granted, the critical questions for determination upon appeal are whether on the basis of the materials presented to the trial court, there is a genuine issue as to any material fact and whether the movant is…