Smith v. Nationwide Mutual Insurance

MARTIN, Justice.

This appeal arises from the decision of the Court of Appeals on a petition to rehear this case. At the outset we note that the Court of Appeals withdrew the prior opinion in Smith v. Nationwide Mut. Ins. Co., 71 N.C. App. 69, 321 S.E. 2d 498 (1984), and declared it no longer the law of this case. In its order granting the petition to rehear, the court stated:

On rehearing, this Court will consider the question whether the trial court properly allowed summary judgment for the defendant South Carolina Insurance Company.

72 N.C. App. at 400, 324 S.E. 2d at 868.

The question before…