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Bowles v. BCJ Trucking Services8/2/2005
claim is within the statutory obligations of IGA. This assignment of error is overruled.
VII. Conclusion
The original insurance policy between BCJ and Selective became a direct insurance obligation when Reliance expressly assumed Selective's book of business. Through novation, Reliance is deemed to have issued the insurance policy. Reliance is a "direct insurer" placing it within the obligations of IGA by N.C. Gen. Stat. § 58-48-35. Reliance became insolvent triggering the application of N.C. Gen. Stat. § 58-48-1 et seq. to IGA. Plaintiff's claim is a "covered claim" issued by an "insolvent insurer" and became IGA's obligation. The Commission properly concluded plaintiff's claim is within the statutory obligations of IGA. The Commission's opinion and award is affirmed.
Affirmed.
Chief Judge MARTIN and Judge Levinson concur.
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