Northern National Life Insurance v. Lacy J. Miller MacHine Co.

WELLS, Judge.

At the outset, we address plaintiffs contention raised at oral argument of this case that our decision in this case must be dictated by the decision of this Court in Manhattan Life Insurance Company v. Lacy J. Miller Machine Company, Inc., 60 N.C. App. 155, 298 S.E. 2d 190 (1982), disc. rev. denied, 307 N.C. 697, 301 S.E. 2d 389 (1983). In Manhattan, a case similar to the present case, this Court affirmed the trial court’s grant of plaintiffs motion for summary judgment. While we recognize that this case and Manhattan involve similar issues, we note that one important factual…