#### ROY LYNN THOMASSON v. GRAIN DEALERS MUTUAL INSURANCE COMPANY v. JOHNNIE M. TILLEY, d/b/a JOHNNIE M. TILLEY PEST CONTROL SERVICE, COCKERHAM PEST CONTROL COMPANY

No. 522PA91

(Filed 25 June 1992)

On petition by defendant Grain Dealers Mutual Insurance Company for a writ of certiorari pursuant to Rule 21 of the North Carolina Rules of Appellate Procedure to review the decision of the Court of Appeals, Thomasson v. Grain Dealers Mut. Ins. Co., 103 N.C. App. 475, 405 S.E.2d 808 (1991), reversing and remanding an order entered on 17 July 1990 by Albright, J., in Superior Court, SURRY County. Heard in the Supreme Court 14 May 1992.

Franklin Smith for plaintiff-appellee.

Everett & Everett, by James A. Everett, for defendant-appellant Grain Dealers Mutual Insurance Company.

PER CURIAM.

After reviewing the briefs and record and listening to oral argument, we conclude that defendant’s petition was improvidently allowed.

Discretionary review improvidently allowed.