North Carolina Farm Bureau Mutual Insurance v. Warren

HEDRICK, Chief Judge.

Although the question has not been discussed by either party in its brief, we ex mero mo tu consider whether plaintiff, in its complaint, has alleged an actual justiciable controversy in support of a declaratory judgment action.

An actual controversy must exist for there to be an action under the Declaratory Judgment Act. Sharpe v. Park Newspapers of Lumberton, 317 N.C. 579, 347 S.E. 2d 25 (1986). Determination of what is an actual controversy and how the act operates is found in Lide v. Mears, 231 N.C. 111, 117, 56 S.E. 2d 404, 409 (1949):

There is much misunderstanding as…