JOHNSON v. SMITH

No. 8126SC720.

293 S.E.2d 644 (1982)

James D. JOHNSON v. Velma Q. SMITH, Individually, and Smith-Lowry Associates, Inc. John Lee HUFF v. Velma Q. SMITH, Individually and Smith-Lowry Associates, Inc.

Court of Appeals of North Carolina.

July 20, 1982.


Attorney(s) appearing for the Case

Paul J. Williams, Charlotte, for plaintiffsappellants.

Marnite Shuford, Charlotte, for defendants-appellees.


MORRIS, Chief Judge.

Plaintiffs argue that they should be allowed to collect from defendants their judgments against Glenn, because defendants breached their contract to procure liability insurance for Glenn, even though defendants had no formal notice of the prior suit. We hold that the default judgments are evidence of a loss for which defendants may have been liable and that the trial judge committed error in dismissing the action.

In North Carolina, "if...

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