672 S.E.2d 782 (2009)
RUTHERFORD
No. COA08-422.
RUTHERFORD
v.
GENERAL INS. CO. OF AMERICA.
No. COA08-422.
Court of Appeals of North Carolina.
Filed February 3, 2009. Certification Date February 23, 2009.Case reported without published opinion. Reversed and Remanded.