# Selective Insurance Co. of the Southeast v. NCNB National Bank of North Carolina

> Court of Appeals of North Carolina · October 18, 1988 · 91 N.C. App. 597

URL: https://www.frixlaw.com/law-library/cases/9340105

## Case

- **Full name:** SELECTIVE INSURANCE COMPANY OF THE SOUTHEAST v. NCNB NATIONAL BANK OF NORTH CAROLINA and the STATE OF NORTH CAROLINA, Defendants and NCNB NATIONAL BANK OF NORTH CAROLINA, Third-Party v. AIRBORNE FREIGHT CORPORATION d/b/a AIRBORNE EXPRESS, Third-Party
- **Court:** Court of Appeals of North Carolina
- **Decided:** October 18, 1988
- **Citations:** 91 N.C. App. 597; 372 S.E.2d 876; 1988 N.C. App. LEXIS 897
- **Precedential status:** Published
- **Opinion:** Concurring in part by Wells
- **Judges:** Cozort, Johnson, Wells
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9340105

## Opinion text

Judge WELLS
concurring in part and dissenting in part.
I concur with the majority that the trial court erred in dismissing plaintiffs claim against the State. I would go one step further, however, and hold that plaintiff has stated a valid claim for relief against the State under the provisions of N.C. Gen. Stat. § 58-182.6 and § 58-188.1.
I dissent from that part of the majority opinion which holds that the trial court properly dismissed NCNB’s crossclaim against the State. I would hold that NCNB stated a valid crossclaim and that the trial court had jurisdiction to determine that claim.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9340105. Public record. Not legal advice.