#### PEERLESS INSURANCE COMPANY v. NATHAN FREEMAN v. GREAT AMERICAN INSURANCE CO.

No. 109A86

(Filed 3 June 1986)

APPEAL by Great American Insurance Company, third-party defendant, pursuant to N.C.G.S. § 7A-30(2) of the decision of a divided panel of the Court of Appeals (opinion by Judge Johnson with Judge Phillips concurring and Judge Webb dissenting) reported at 78 N.C. App. 774, 338 S.E. 2d 570 (1986), affirming judgment entered by Ward, J, on 29 January 1985 in BEAUFORT County District Court.

McLendon & Partrick by Neal Partrick for defendant, third-party plaintiff appellee.

Rodman, Holscher & Francisco by Edward N. Rodman for plaintiff appellee.

Williamson, Herrin, Barnhill & Savage by Mickey A. Herrin for third-party defendant appellant.

PER CURIAM.

Notwithstanding its reliance in part on Smith v. Nationwide Mut. Ins. Co., 72 N.C. App. 400, 324 S.E. 2d 868 (1985), rev’d, 315 N.C. 262, 337 S.E. 2d 569 (1985), for the other reasons given in its opinion the decision of the Court of Appeals is

Affirmed.