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.