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NATIONWIDE MUT. INS. CO. v. BURGDOFF

No. COA09-1117.

698 S.E.2d 500 (2010)

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff v. Donald BURGDOFF, Individually and Cynthia Burgdoff, Individually and Donald Burgdoff and Cynthia Burgdoff, as Co-Executors of the Estate of Patricia Eleanor Burgdoff, Deceased, Defendants.

Court of Appeals of North Carolina.

September 7, 2010.

Attorney(s) appearing for the Case

Robinson Elliott & Smith, Charlotte, by William C. Robinson and Katherine A. Tenfelde, for plaintiff-appellee.

Brooke & Brooke, China Grove, by Thomas M. Brooke, for defendant-appellants.

Twiggs, Beskind, Strickland & Rabenau, P.A., Raleigh, by Jerome P. Trehy, Jr., on behalf of North Carolina Advocates for Justice, amicus curiae.

CALABRIA, Judge.

Donald ("Mr. Burgdoff") and Cynthia ("Mrs. Burgdoff") Burgdoff, both individually and as co-executors of the Estate of Patricia Eleanor Burgdoff (collectively "defendants"), appeal an order granting summary judgment to Nationwide Mutual Insurance Company ("plaintiff"). We reverse and remand.

In 1995, defendants moved to North Carolina from the state of New York. In October 1995, Mrs. Burgdoff met with plaintiff's licensed insurance agent Susan...

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