 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
North Carolina Insurance Guaranty Association v. Century Indemnity Co.6/21/1994
based upon equitable subrogation is not barred by G.S. 58-48-20(4). "If and when the lawmaking body wishes to amend the statute, a few words will suffice. This Court must forego the opportunity to amend here." Insurance Co. v. Bynum, 267 N.C. 289, 292, 148 S.E.2d 114, 117 (1966). Accordingly, this assignment of error fails.
III.
We hold that defendant-Century's commercial umbrella liability policy is not required to "drop down" and become primary coverage notwithstanding the insolvency of AMLIC. We further hold that defendant-Century is entitled to be paid $100,000.00 in light of plaintiff-Association's $300,000.00 statutory cap, G.S. 58-48-35(a)(1). For the reasons stated, the trial court's 22 April 1993 judgment is affirmed.
Affirmed.
Judges MARTIN and McCRODDEN concur.
Disposition
Affirmed.
|