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HARPER v. ALLSTATE INS. CO.

No. 9410SC66.

468 S.E.2d 859 (1996)

Alice R. HARPER, Administratrix of the Estate of William P. Harper, Jr., v. ALLSTATE INSURANCE COMPANY.

Court of Appeals of North Carolina.

April 16, 1996.

Attorney(s) appearing for the Case

Smith & Holmes, P.C. by Robert E. Smith, Raleigh, and Mary M. McHugh, for defendant-appellant.

Edwards and Kirby by David F. Kirby, Raleigh, for plaintiff-appellee.

WYNN, Judge.

On 6 December 1994, this Court issued an opinion affirming summary judgment for the plaintiff in a declaratory judgment action. Harper v. Allstate Ins. Co., 117 N.C. App. 302, 450 S.E.2d 759 (1994). On 9 February 1996, our Supreme Court vacated our opinion and directed that we reconsider it in the light of Nationwide Mut. Ins. Co. v. Mabe, 342 N.C. 482,

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