# Pyco Supply Co. Inc. v. American Centennial Ins. Co.

> Court of Appeals of North Carolina · April 7, 1987 · 85 N.C. App. 114

URL: https://www.frixlaw.com/law-library/cases/9561791

## Case

- **Full name:** Pyco Supply Company, Inc. v. American Centennial Insurance Company v. Carolina Road Builders, Inc., H. Keith Duncan, Curtis L. Clark, Patty D. Clark, Leonard Simmons and Betty M. Simmons
- **Court:** Court of Appeals of North Carolina
- **Decided:** April 7, 1987
- **Citations:** 85 N.C. App. 114; 354 S.E.2d 360; 1987 N.C. App. LEXIS 2565
- **Precedential status:** Published
- **Opinion:** Dissent by Hedrick
- **Judges:** Johnson, Hedrick
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed on other grounds by Pyco Supply Co. v. American Centennial Insurance, 321 N.C. 435 (1988).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9561791

## Opinion text

Chief Judge HEDRICK
dissenting.
In my opinion, the trial court did not err in allowing plaintiff to amend its complaint to omit the specific reference to Bond No. AB0018710A, and I vote to affirm summary judgment for plaintiff. G.S. 1A-1, Rule 15(c) allows the matter pleaded in the amendment to relate back so as to affirmatively disclose that plaintiffs claim is not barred by any statute of limitations or repose. The record discloses there are no genuine issues of material fact and the record does not disclose any insurmountable bar to plaintiffs claim. I vote to affirm.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9561791. Public record. Not legal advice.