N.C. FARM BUREAU MUT. INS. CO. v. BALFOUR

No. 8220DC467.

302 S.E.2d 922 (1983)

NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY and Kenneth Balfour v. Diana BALFOUR.

Court of Appeals of North Carolina.

June 7, 1983.


Attorney(s) appearing for the Case

Caudle, Underwood & Kinsey by Lloyd C. Caudle and Thad A. Throneburg, Charlotte, for plaintiffs-appellants.

Harry B. Crow, Jr., Monroe, for defendant-appellee.


EAGLES, Judge.

The facts of this case raise a question of first impression, that being whether plaintiff insurer's recovery against defendant for intentional damage to property can be offset by defendant's claim for child support owed to her by the insured. We answer that question in the negative since we hold that defendant's counterclaim for child support was a compulsory counterclaim in the action entitled Kenneth Balfour v. Diana J. Balfour, 81CVD481. The...

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