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PHILLIPS v. INTEGON CORP.

No. 8318SC1149.

319 S.E.2d 673 (1984)

James R. PHILLIPS and Cynthia H. Phillips v. INTEGON CORPORATION, Integon General Insurance Corporation, Integon Indemnity Corporation and New South Insurance Company.

Court of Appeals of North Carolina.

September 18, 1984.

Attorney(s) appearing for the Case

Adams, Kleemeier, Hagan, Hannah & Fouts by Clinton Eudy, Jr. and Richard D. Ehrhart, Greensboro, for plaintiff-appellant.

Nichols, Caffrey, Hill, Evans & Murrelle by William D. Caffrey, Edward L. Murrelle and Richard J. Votta, Greensboro, for defendants-appellees.

ARNOLD, Judge.

Plaintiff contends that the claims for relief based on G.S. 75-5(b)(3), (4) and (5) were improperly dismissed. A claim is subject to dismissal upon a Rule 12(b)(6) motion only if it appears to a certainty that there are no facts which, if proved, would entitle the claimant to relief. Sutton v. Duke, 277 N.C. 94, 102-03, 176 S.E.2d 161, 166 (1970). The primary issue on appeal...

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