Legal Opinion

Holcomb v. United States Fire Insurance Co.

Court of Appeals of North Carolina

Decided June 16, 1981No. 8017SC878PublishedCited by 5 opinions

1Opinion of the Court

CLARK, Judge.

Summary judgment is a drastic measure, and it should be used with caution. Williams v. Power & Light Co., 296 N.C. 400, 250 S.E. 2d 255 (1979). On such motion the court is required to view the record in the light most favorable to the party opposing the motion. Hinson v. Jefferson, 20 N.C. App. 204, 200 S.E. 2d 812 (1973); Brice v. Moore, 30 N.C. App. 365, 226 S.E. 2d 882 (1976). We must accept, therefore, as the trial court was required to do for purposes of this motion, plaintiffs’ forecast of evidence that the collapse of the east basement-wall was caused by the failure of the…

2Cases cited17 opinions

  1. Wachovia Bank & Trust Co. v. Westchester Fire InsuranceSupreme Court of North Carolina · 1970
  2. Woods v. Nationwide Mutual InsuranceSupreme Court of North Carolina · 1978
  3. Allstate Insurance Co. v. Shelby Mutual Ins. Co.Supreme Court of North Carolina · 1967
  4. Williams v. Carolina Power & Light Co.Supreme Court of North Carolina · 1979
  5. King v. Travelers Insurance CompanyNew Mexico Supreme Court · 1973

12 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Cameron v. USAA Property & Casualty InsuranceDistrict of Columbia Court of Appeals · 1999
  2. Silvers v. Horace Mann InsuranceCourt of Appeals of North Carolina · 1988
  3. Rone v. Byrd Food Stores, Inc.Court of Appeals of North Carolina · 1993
  4. Southeast Airmotive Corp. v. United States Fire InsuranceCourt of Appeals of North Carolina · 1985
  5. Russell v. Cincinnati Insurance (In re Russell)United States Bankruptcy Court, M.D. North Carolina · 2001

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